IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 29916 of 2007(J) -------------------------------------- PETITIONER: ------------------- M.ABDUL SALAM, S/O MOHAMMED KUNJU, KATTUKULAM VILLA, KOIVILA P.O., THEVALAKKARA, KOLLAM DISTRICT. BY ADV. MR.T.GOPALAKRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, PWD, KOLLAM. 3. THE ASST. EXE. ENGINEER, N.H.SUB DIVISION, PWD, KOLLAM. 4. THE ASST. ENGINEER, N.H.SECTION, P.W.D., KOLLAM. 5. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. R1 TO R5 BY GOVT. PLEADER MR. V. TEKCHAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29916/2007-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, NEENDAKARA DTD. 17/08/2007. EXT.P.2: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NEENDAKARA DTD. 17/08/2007. EXT.P.3: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DTD. 23/05/2006. EXT.P.4: COPY OF THE COMMUNICATION SEND BY THE ASST. MANAGER, INDIAN OIL CORPORATION, KOLLAM, REGARDING THE ISSUANCE OF NOC DTD. 12/07/2006. EXT.P.5: COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER DTD. 17/08/2007. EXT.P.6: COPY OF THE REPRESENTATION DTD. 04/10/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 29916 of 2007 ~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of April, 2009 J U D G M E N T The petitioner is having some property in Re-survey 8/8 in Neendakara village, Karunagappally Taluk , Kollam district on the western side of national highway near A.M.C. Junction, Chavara and he proposed to set up a retail petroleum dealership in the said property as evident from Exts.P3 and P4 proceedings issued by the 5th respondent District Collector and the Indian Oil Corporation respectively. The grievance of the petitioner is that a waiting shed is proposed to be constructed almost in front of the property abutting the national highway, which according to him will impair the rights and enjoyment over the property and functioning of the petrol pump quite adversely, which hence was sought to be shifted to some other place, particularly in view of another waiting shed existing just 20m. away from the present site. 2. No counter affidavit has been filed by any of the respondents and the position as on date has not been brought on record. It is seen that petitioner had approached the concerned Minister by filing Ext.P6 representation, copy of which had been marked to the different authorities including the respondents 2 to 4. The petitioner may approach the second respondent, if his grievance is still subsisting, by filing an additional representation to be preferred W.P.(C) No. 29916 of 2007 -:2:- within one month and on receipt of such representation, the second respondent shall look into the same and shall finalise the matter passing appropriate orders after giving an opportunity of hearing to the petitioner within a further period of 3 months from the date of receipt of the representation. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE dkm.