IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 4324 of 2009(M) -------------------------------- PETITIONER(S): ------------------ JOS.I.AMBOOKAN, MANAGING PARTNER, M/S.IQBAL & COMPANY LTD., HINDUSTAN PETROLEUM DEALER, KODAKARA, RESIDING AT AMBOOKAN HOUSE, MUKUNDAPURAM TRISSUR. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): ------------------- 1. THE PROJECT DIRECTOR, NO.8/117, NATIONAL HIGH WAY AUTHORITY OF INDIA, ARUMUKHAN COLONY, CHANDRA NAGAR, PALAKKAD. 2. THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, COLLECTORATE, THRISSUR. SRI.P.PARAMESWARAN NAIR, ASG GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 4324 OF 2009 (M) ==================== Dated this the 13th day of February, 2009 J U D G M E N T Petitioner is a retail outlet dealer of Hindustan Petroleum Corporation Ltd, having his outlet located in Sy.No.777/2 of Kodakara Village MukundapuramTaluk. In connection with the four lining of the National Highway 47, the 1st respondent issued Ext.P1 requiring the petitioner to close down the outlet and remove the installation from the land where it is now located, within a week of receipt of the said letter. According to the petitioner, there is no emergent situation warranting immediate shifting of the outlet and it is stated that the work in connection with the National Highway has not progressed that much requiring the issuance of Ext.P1. It is also stated that anticipating the move on the part of the 1st respondent, as seen in Ext.P1, petitioner has already initiated process for relocating his outlet. It is stated in the writ petition that on receipt of Ext.P1, he made Ext.P2 to 2nd respondent requesting that until relocated, he be permitted to continue at the present site so long as it does not cause any hindrance to the work in connection with the National Highway. 2. Since Ext.P2 according to the petitioner is pending before the WPC 4324/09 :2 : 1st respondent, I direct the 1st respondent to consider the same and pass orders thereon. Subject to the condition that the petitioner produces a copy of this judgment before the 1st respondent before 19.2.2009, it is directed that until orders are passed on Ext.P2, status quo as on date in so far as the continuance of the outlet is concerned shall be maintained. 3. Petitioner may produce a copy of this judgment as directed above along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp