IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 16463 of 2011(G) ----------------------------------------- PETITIONER(S): ------------------------- S.N.V.V.H.S.SCHOOL,ALOOR REPRESENTED BY ITS MANAGER, EDATHATTIL MADHAVAN, AGED 67 YEARS, RETIRED SCHOOL MASTER, S/O.KOCHURAMAN. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, THRISSUR PIN-680 003. 2. ADDITIONAL DISTRICT MAGISTRATE,THRISSUR PIN-680 003. 3. THE ALOOR GRAMA PANCHAYAT ALOOR P.O.,THRISSUR PIN-680 683,REPRESENTED BY ITS SECRETARY. 4. DEPUTY DIRECTOR OF EDUCATION,THRISSUR PIN-680 003. 5. JOE PRAKASH, AREEKKAD VEEDU, ALOOR P.O.,KALLETTUMKARA,THRISSUR DISTRICT PIN-680 683. 6. VINOD E.N,EDATHADAN HOUSE, ALOOR P.O.,KALLETTUMKARA,THRISSUR DISTRICT PIN-680 683. 7. BIJU E.N.EDATHADAN HOUSE, ALOOR P.O.,KALLETTUMKARA,THRISSUR DISTRICT PIN-680 683. 8. DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, ERNAKULAM PIN-682 017. 9. HINDUSTAN PETROLEUM COMPANY LIMITED., KOZHIKODE RETAIL DIVISION, ELATHUR, KOZHIKODE PIN-673 303, REPRESENTED BY ITS MANAGER. R1,R2,R4 & R8 BY GOVERNMENT PLEADER SRI. GEORGE MECHERIL R9 BY ADV. SRI. E.K.NANDAKUMAR, SC R5 TO R7 BY ADVS. SRI.P.K.SURESH KUMAR, SRI.K.P.SUDHEER, SMT.N.P.ASHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16463/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION DTD. 26/12/2010 OF THE PETITIONER SCHOOL. P2: COPY OF THE REPRESENTATION DTD. 28/01/2011 FILED BY THE PETITIONER. P3: COPY OF THE LETTER DTD. 22/03/2011 OF THE DISTRICT COLLECTOR. P4: COPY OF THE PHOTOGRAPH SHOWING THE PROPOSED SITE FOR PETROLEUM OUTLET AND THE SCHOOL. P5: COPY OF THE PHOTOGRAPH SHOWING THE PROPOSED SITE FOR PETROLEUM OUTLET AND THE SCHOOL BUILDING. P6: COPY OF THE REPRESENTATION FILED BY THE PETITIONER DTD.31/05/11 ALONG WITH THE ENDORSEMENT. P7: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 2ND RESPONDENT. P8: COPY OF THE CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE ERNAKULAM DTD. 25/11/2010. P9: COPY OF THE PHOTOGRAPH SHOWING THE GATE OF THE SCHOOL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ---------------------------------------------------------- W.P.(C)No. 16463 of 2011 --------------------------------- Dated this the 10th day of August, 2011 JUDGMENT Petitioner is a school opposing the commencement of business in a Petrol Bunk set up very close to the school building. The parent teacher association of the school filed another O.P. as W.P.(C) No.21264/2011, challenging the commencement of the business, in the petrol outlet set up very close to the school. We have dismissed the said case for more than one reason. The first reason is that the proprietor of the school and petrol bunk owner are close relatives and there is animosity between them. Secondly, the objection raised is after the owner of the pump invested huge amounts for setting up the petrol bunk with office building or tank, dispensers etc. In other words, it is at the stage of commencement of business the school has raised the objection. We felt that functioning of a petrol bunk in a village area should not be of any serious disturbance to the school. Lastly, we noticed that the school building is very close to his relative's W.P.(C)No. 16463 2 property, even though, larger extent of properties are available for the school. We do not think the operations in the petrol out- let which is in a village area can cause any kind of disturbance affecting peaceful running of the school. Therefore, we dismiss the Writ Petition. sd/- C.N.RAMACHANDRAN NAIR, JUDGE sd/- P.S.GOPINATHAN, JUDGE /True copy/ P.A. to Judge ln