IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 W.P.(C).No.30456 of 2009 (S) -------------------------------------------- PETITIONER: --------------------- C.P.SYJESH, AGED 30, S/O.PADMANABHAN, CHUDUKATTIL PARAMBIL, THALAVADY SOUTH P.O., THALAVADY-689 723. BY ADV. SRI.P.HARIDAS RESPONDENTS: -------------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. HINDUSTAN PETROLEUM CORPORATION, REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE, KOCHI, ERNAKULAM. 3. SRI.M.C.JOSEPH, RESIDING AT MANALADIL HOUSE, EZHINJILLAM, PERUMTHURUTHI P.O., THIRUVALLA. ADV. SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SRI.K.JOHN MATHAI FOR R2 SRI.P.BENNY THOMAS FOR R2 SRI.P.GOPINATH FOR R2 SRI.V.J.ANAND FOR R2 DR.K.P.SATHEESAN FOR R3 SRI.K.K.GOPINATHAN NAIR FOR R3 SRI.M.R.JAYAPRASAD FOR R3 SRI.P.MOHANDAS (ERNAKULAM) FOR R3 SRI.MATHEW SUNNY FOR R3 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 30456 of 2009 (S) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the rough sketch showing the lie and road of the properties including the site for proposed outlet. Ext.P2: True copy of the communication No.C8-10510/2009 dated 24-9-2009 issued by Additional Tahsildar, Thiruvalla. Ext.P2(a): True translation No.C8-10510/2009 dated 24-9-2009 of the Ext.P2. Ext.P3: True copy of the No Objection Certificate No.B4- 50566/2008 dated 27-7-2009 issued by District Collector, Pathanamthitta. RESPONDENT'S EXHIBITS: Ext.R2(a): True copy of the building permit issued by the Peringara Grama Panchayat. Ext.R2(b): True copy of the notification dated 05-05-2008. Ext.R3(a): True copy of the letter of intent given by the Hindustan Petroleum Corporation dated 7-12-2007. Ext.R3(b): True copy of the report given by the Superintendent of Police, Pathanamthitta dated 31-1-2008. Ext.R3(c): True copy of the no objection certificate given by the Assistant Divisional Officer, fire and Rescue Services, Pathanamthitta dated 2-2-2008. Ext.R3(d): True copy of the no objection certificate given by the Executive Engineer, PWD Roads Division dated 4-2-2008. Ext.R3(e): True copy of the no objection certificate issued by the District Medical Officer, Pathanamthitta dated 13-2-2008. Ext.R3(f): True copy of the report of the Village Officer, Kavumbhagom along with the lay out plan prepared by the Village Officer dated 12-2-2008. W.P.(C).No. 30456 of 2009 (S) :: 2 :: Ext.R3(g): True copy of the report given by the Tahsildar, Thiruvalla to the Sub Collector dated 22-2-2008. Ext.R3(h): True copy of the report given by the Sub Collector, Pathanamthitta dated 9-5-2008. Ext.R3(i): True copy of the relevant pages of the notification issued by the Tahsildar (L.A.) dated 28-10-2004. Ext.R3(j): True copy of the sale deed executed by this Respondent in favour of the Government for widening the M.C.Road dated 1-8- 2007. Ext.R3(k): True copy of the no objection certificate issued by the District Collector, Pathanamthitta dated 27-7-2009. Ext.R3(l): True copy of the building permit given by the Peringala Grama Panchayat dated 11-8-2009. Ext.R3(m): True copy of the certificate given by the Sub Inspector of Police, Thiruvalla Police Station dated 24-11-2009. Ext.R3(n): True copy of the photograph. // True copy // P.A. to Judge S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.30456 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December 2009 JUDGMENT A.K.BASHEER, J. Learned counsel submits that the petitioner does not intend to pursue the matter any further in view of Ext.R2(b) notification issued by the Government. He seeks permission to withdraw the writ petition. Permission sought for is granted and the writ petition is dismissed as withdrawn. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes