IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21264 of 2011(S) -------------------------- PETITIONER(S): --------------- 1. A.K. PURUSHOTHAMAN, AGED 45 YEARS, S/O. KUNJUMANICKAN, AMBATTUPARAMBIL HOUSE, POTTA.P.O., THRISSUR. 2. SHERLY GEORGE, AGED 41 YEARS, W/O. GEORGE, VADAKKEPEEDIKA, ALOOR.P.O.,THRISSUR. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR-680003. 2. THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR-680003. 3. THE ALOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ALOOR, THRISSUR DISTRICT, PIN-680683. 4. THE DIVISIONAL OFFICER, FIRE RESCUE SERVICES, ERNAKULAM-682017. 5. HINDUSTAN PETROLEUM COMPANY LIMITED, KOZHIKODE RETAIL DIVISION, ELATHUR, KOZHIKODE, PIN-670303. 6. JOE PRAKASH, AREEKKAD VEEDU, ALOOR.P.O., KALLETTUMKARA, THRISSUR, PIN-680683. 7. VINOD.E.N., EDATHADAN HOUSE, ALOOR.P.O.,KALLETTUMKARA, THRISSUR, PIN-680683. WP(C) NO.21264/2011 8. BIJU.E.N., EDATHADAN HOUSE,ALOOR.P.O., KALLETTUMKARA, THRISSUR, PIN-680683. 9. THE S.N.V.V.H.S. SCHOOL, ALOOR, REPRESENTED BY ITS MANAGER, ALOOR, PIN-680683. 10. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES 140, MARSHALL ROAD, EGMORE, CHENNAI, PIN - 600 001. MR.P.PARAMESWARAN NAIR, ASST.SG, MR.E.K.NANDAKUMAR, SC FOR R5 SMT.K.MEERA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.21264/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ROUGH SKETCH DETAILING THE LIE OF THE PROPERTY. P2 : COPY OF RESOLUTION DATED 27/12/2010 OF SNVVHS SCHOOL, ALOOR, WITH ENGLISH TRANSLATION. P3 : COPY OF REPRESENTATION DATED 28/01/2011. P4 : COPY OF COMMUNICATION DATED 22/3/11 OF THE 1ST RESPONDENT ADDRESSED TO THE ADDITIONAL SECRETARY, SUTHARYA KERALAM, GOVERNMENT OF KERALA WITH ENGLISH TRANSLATION. P5 : COPY OF COMPLAINT DATED 31/05/2011 ADDRESSED TO THE 1ST RESPONDENT. P6 : COPY OF STOP MEMO DATED 31/05/2011 ISSUED BY THE TAHSILDAR, MUKUNDAPURAM WITH ENGLISH TRANSLATION. P7 : COPIES OF REPORTS AS APPEARED IN THE LOCAL VERNACULAR DAILIES WITH ENGLISH TRANSLATION. P8 : COPY OF ARTICLE PUBLISHED IN FEBRUARY, 2011 ISSUE OF THE JOURNAL OF ENVIRONMENTAL STUDIES. P9 : COPY OF NOC DATED 31/12/2010 ISSUED BY 2ND RESPONDENT. P10 : COPY OF CERTIFICATE DATED 25/11/2010 ISSUED BY THE 4TH RESPONDENT. P11 : COPY OF ORDER DATED 4/5/2011 ISSUED BY THE 3RD RESPONDENT WITH ENGLISH TRANSLATION. P12 : COPIES OF PHOTOGRAPHS SHOWING THE ENTRANCE TO THE SCHOOL AND THE PROXIMITY OF THE PROPOSED SITE FOR THE STORAGE TANKS. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... WP(C) No.21264 of 2011 .................................................................... Dated this the 4th day of August, 2011. J U D G M E N T Ramachandran Nair, J. This is a Public Interest Litigation filed by Parent Teacher Association of the 9th respondent School challenging commencement of a petrol outlet very close to the School building. Learned counsel for the 6th respondent took notice on admission, and he opposed any order being issued by this Court because the petrol bunk is to commence operation shortly. 2. After hearing both sides and after going through the photographs produced by the petitioners themselves what we noticed is that the petrol bunk constructed close to the outer compound wall of the School is almost ready for operation in as much as after construction of office building underground tank & dispensers are already installed and ground work also is completed. The specific case of the 6th respondent is that WP(C) No.21264/2011 2 the owner of the School is a relative of his, and the objection raised by the School against the petrol bunk only because the sixth respondent opposed the selection of the present manager of the School. 3. After hearing both sides we do not think there is any need to look into the question whether the School Manager is instigating the Public Interest Litigation against the 6th respondent's petrol bunk on account of the personal enmities because the Writ Petition is not maintainable because of the delay alone. The 6th respondent made massive investment for setting up of the petrol bunk and until then the petitioner waited to file this case. Moreover we do not think the Parent Teacher Association or School authorities have any right to object the commencement of the business because the petrol bunk cannot cause any disturbance to the school which is covered by a good compound wall. The better course for the Parent Teacher Association will be to request the management to have the compound wall of the School on the side of the WP(C) No.21264/2011 3 petrol bunk to be raised sufficiently high to avoid any nuisance from it. This Writ Petition is dismissed with the above observations. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg