IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3646 of 2010(E) ------------------------- PETITIONER(S): --------------- GEORGE VARGHESE, S/O. LATE VARKEY, ILLATHUPARAMBIL HOUSE, AMAYANNOOR.P.O., AYARKUNNAM, KOTTAYAM. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. SEBASTIAN GEORGE,S/O.GEORGE, VALLIALIL HOUSE, AMAYANNOOR. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3646/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2010 J U D G M E N T The petitioner is the absolute owner of a property having an extent of 30 cents comprised in Survey No.236/4 of Ayarkunnam Village. He is residing in a building housed in the said property along with his family. 2. The second respondent is the owner and in possession of 12 acres of property comprised in Survey Nos.236/5, 236/6 and 236/10 of the same village with a road frontage of 58.7 meters. The above property lies on the Southern boundary of the petitioner's property. The second respondent has sought for a No-objection Certificate from the District Collector for opening a petrol bunk in the aforesaid property adjoining to the Southern side of the petitioner's property. Ext.P5 is the copy of the site plan prepared by the Village Officer. According to the petitioner, the well of the petitioner is situated 20 meters away from the Southern boundary of the petitioner's property. He contends that if the petrol bunk is shifted to the Southern side of the proposed bunk, it will not create any nuisance to petitioner. Seeking for a consideration of his objections in the matter, he has moved the District Collector as per Ext.P6. A detailed representation has W.P.(C). No.3646/2010 -:2:- been given along with a copy of the sketch prepared as per Ext.P5. 3. In the light of the direction sought for, it may not be necessary to issue notice to the second respondent. There will be a direction to the first respondent to take a decision on Ext.P6 as well as the application for No- objection Certificate submitted by the second respondent, after hearing the petitioner and the second respondent. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms