IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 36530 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. SAJAY JOSEPH, EDAMATTOM, KAMVANCHAL, KANNUR -670571. 2. JOSE JAMES, PUTHENPARA, VAYATTU PARAMBA, KANNUR - 670582. BY ADV. SRI.M.A.FIROZ SRI.JOBY JOSEPH RESPONDENT(S): --------------- 1. THE GOVERNMENT OF INDIA, REP.BY ITS SECRETARY,MINISTRY OF SHIPPING, ROAD TRANSPORT OF HIGHWAYS DEPT.OF ROAD TRANSPORT & HIGHWAYS, NEW DELHI. 2. THE CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA, (MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS), G-5&6,SECTOR -10, DWARAKA, NEW DELHI-110750. 3. THE PROJECT DIRECTOR - PIU, NATIONAL HIGHWAYS AUTHORITY OF INDIA, THUSHARABINDU, DOOR NO.337, CHANDRANAGAR ETN, NARIKKODE, PALAKKAD - 678007. 4. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT (PIU), NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO.2/2175/B, KRISHNA KRIPA, AISWARYA ROAD, CIVIL STATION P.O.,KOZHIKODE 673020, 5. THE TERRITORY MANAGER (RETAIL), M/S.BHARAT PETROLEUM CORPORATION LIMITED, 3RD FLOOR, CEEKAY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT - 673011. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1 SRI.THOMAS ANTONY FOR R4 SRI.E.K.NANDAKUMAR FOR R5 SRI.A.K.JAYASANKAR NAMBIAR FOR R5 SRI.K.JOHN MATHAI FOR R5 SRI.P.BENNY THOMAS FOR R5 SRI.P.GOPINATH FOR R5 SRI.V.J.ANAND FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 36530/2009. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPLICATION. P2. COPY OF THE LETTER OF INTENT DTD.8.12.09. P3. COPY OF THE REQUEST DTD.19.1.06. P4. COPY OF THE COMMUNICATION DTD.9.5.08. P5. COPY OF THE REMINDER DTD.28.5.08. P6. COPY OF THE COMMUNICATION DTD.4.6.08. P7. -DO- DTD.19.12.08 OF R4. P8. COPY OF THE REQUEST DTD.27.10.09. P9. COPY OF THE REQUEST DTD.28.10.09 BY R4. P10. COPY OF THE REPORT DTD.23.12.09. P11. COPY OF THE LETTER DTD.25.9.03. P12. COPY OF THE LETTER DTD.30.12.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 36530 of 2009 ================== Dated this the 14th day of June, 2010 J U D G M E N T The petitioners intend to start a petroleum retail outlet. The 5th respondent accepted the offer of the petitioners and issued letter of intent on 8.12.2009. A further requirement is permission from the Central Government for construction of an approach road to the proposed new petrol/diesel retail outlet. The proposal was forwarded through the Regional Officer of the Ministry of Shipping, Road Transport and Highways, Thiruvananthapurm. On receipt of the same, the Central Government sought recommendation of the National Highway Authority of India. The chairman of the NHA forwarded the same to the 3rd respondent. The 3rd respondent forwarded the same to the 4th respondent. The 4th respondent has taken the stand that since the draft DPR of the consultant was submitted to NHAI Headquarters, he can take action only after receipt of the same from the headquarters. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding the 2nd respondent to forward his recommendations to the Central Government on Ext.P4 and P5 communications of the Central Government without further delay. ii) issue a writ in the nature of certiorari or such other appropriate writ, order or direction calling for the records leading up to the issuance of Ext.P7 and P9 and quash the same.” w.p.c.36530/09 2 2. On 17.12.2009, this Court passed the following interim order. “There will be an interim order directing respondents 2 and 3 to forward their recommendations as regards the proposal set out in Ext.P4 to the Government of India. This shall be done within two weeks from today. The fifth respondent shall not until further orders cancel the Letter of Intent issued to the petitioner.” 3. In the meanwhile, the petitioners filed I.A.No.524/2010 seeking the following interim relief: . “For the reasons stated in the accompanying affidavit it is most respectfully prayed that this Honoruable Court be pleased to direct the 4th respondent to conduct a fresh inspection and report the fact of existing Petroleum outlet of M/s.Hindustan Petroleum Corporation Limited operating at a distane of 530 mtrs. from the proposed Toll Plaza at Dharmasala so as to enable the first respondent to shift the proposed Toll Plaza from another location in terms of Exhibit P11 and also to consider Ext.P12 and forward the same to the Central Government at the earliest at any rate before taking further action on Exhibit P10 by the first respondent in the interest of justice.” In that I.A., this Court passed the following interim order. “There will be a direction as prayed for and a report will be filed within two weeks.” 4. Again the matter came up before this Court on 9.3.2010, on which date, the following interim order was passed. “Learned counsel for respondents 2 and 4 submits that necessary formalities have been completed and the matter is now pending before the Technical Committee of National Highways Authority and a decision is expected within a period of two weeks. The Technical Committee will expedite the matter.” 5. Today, when the matter was taken up for hearing, I enquired with the counsel for respondents 2 and 4 as to what transpired pursuant to the order dated 9.3.2010. He submitted before w.p.c.36530/09 3 me that the National Highway Authority has already recommended the matter and forwarded the same to the 1st respondent. The learned Assistant Solicitor General submits that the matter is under process. They require three months' time to take a final decision in the matter. 6. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider and take a final decision in the matter and communicate the same to the petitioner and others concerned, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. While doing so, the 1st respondent shall consider the matter in accordance with Ext.P11 instructions issued by the Ministry of Road Transport and Highways, to various Chief Secretaries of the State Governments and Chief Engineers of the States dealing with national highways and centrally sponsored schemes. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge