IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 26373 of 2005(M) ------------------------------------- PETITIONER(S): ------------------------ JACOB.K.JACOB, MANNARGHAT FILLING STATION, B.P.C.DEALER, MANNARGHAT, PALAKKAD DIST. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.ANTONY C. ETTUKETTIL RESPONDENT(S): ------------------------ 1. P.K.MOHAMMED KUTTY HAJI, S/O.VEERANKUTTY HAJI, PUTHUKKADI HOUSE, KUNTHIPPUZHA, MANNARGHAT, PALAKKAD DISTRICT. 2. THE MANAGER, M/S.RELIANCE PETROLEUM COMPANY LIMITED, A & P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHARA, COCHIN 682 016. 3. THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI. 4. THE DISTRICT COLLECTOR, PALAKKAD. 5. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS, CALICUT. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS DIVISION, MALAPPURAM. W.P.(C) NO.26373/2005 *ADDL. R7 & R8 ARE IMPLEADED. 7. THE REGIONAL OFFICER, OFFICE OF THE REGIONAL OFFICE, MINISTRY OF SHIPPING AND RAOD TRANSPORT, HIGH WAYS, PUBLIC OFFICE BUILDING, THIRUANANTHAPURAM. 8. THE CHIEF ENGINEER, NATIONAL HIGHWAYS PUBLIC OFFICE BUILDING, THIRUANANTHAPURAM. (ADDL. R7 & R8 ARE IMPLEADED AS PER ORDER DT. 16.2.06 IN IA. 2280/06.) ADV. SRI.K.SHIBILI NAHA FOR R1 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R4 SRI.P.GOPINATH FOR R2 SRI.V.VENUGOPALAN NAIR FOR R2TOR6 SRI.T.V.JAYAKUMAR NAMBOODIRI(ADV.COMMR) SRI.P.PARAMESWARAN NAIR, ASST. .S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26373/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SHOWING THE ROAD OPPOSITE TO THE PETROLEUM RETAIL OUTLET. P2:- COPY OF THE SHOWING THE ROAD OPPOSITE TO THE PETROLEUM RETAIL OUTLET. P3:- COPY OF THE SHOWING THE ROAD, OPPOSITE TO THE PETROLEUM RETAIL OUTLET. P4:- ROUGH SKETCH OF THE PROPOSED SITE. P5:- COPY OF THE CERTIFICATE DT. 30.8.05 ISSUED BY THE MANNARKKAD GRAMA PANCHAYAT. P6:- COPY OF THE NORMS ISSUED BY THE GOVERNMENT OF INDIA DT. 17.10.03 FOR FUEL STATION. P7:- COPY OF THE CERTIFICATE DT. 7.5.05 ISSUED BY THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, MALAPPURAM TO THE DISTRICT COLLECTOR. P8:- COPY OF THE PETITION SUBMITTED BY THE PETITIONER DT. 2.9.05 BEFORE THE 4TH RESPONDENT. P9:- COPY OF THE LETTER DT. 1.3.05 ISSUED BY THE SECRETARY GOVERNMENT OF INDIA. P10:- COPY OF THE LETTER DT. 18.3.05 ISSUED BY THE 7TH RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE APPLICATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DT. 10.9.04. R1(b):- COPY OF THE INSPECTION REPORT SUBMITTED BY the 6TH RESPONDENT TO THE 5TH RESPONDENT. R1(c):- COPY OF THE OBJECTION CERTIFICATE ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD DT. 7.7.05. R5(a):- TABLE OF MINIMUM STANDARDS FOR ROADS IN KERALA STATE. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.26373 OF 2005 --------------------------------------- Dated this the 5th day of November, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 4th and 5th respondent to restrain respondents 1 & 2 from commissioning Petroleum Retail Outlet in Survey No.67/1- 2-6-9 in Mannarghat Village at K.M. Stone 41.200 from Palakkad to Mannarghat (KM Stone 98/800 from Calicut to Mannarghat) situated in Mannarghat Village, Palakkad District. It is seen that the petitioner had approached the 4th respondent and the 4th respondent, it is submitted, has rejected Exhibit P8. Therefore, it is for the petitioner, if still aggrieved, to pursue the matter in appropriate proceedings challenging the reply to Exhibit P8. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 26373 OF 2005 J U D G M E N T 05.11.2008