IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 31499 of 2010(J) ----------------------------------- PETITIONER(S): ----------------------- G.SUKUMARAN, "SANTHAMADOM", KARETTE, VAMANAPURAM P.O., THIRUVANANTHAPURAM-695 006. BY ADV. SRI. K.JAJU BABU SMT. M.U.VIJAYALAKSHMI SRI. BRIJESH MOHAN SMT. DHANYA CHANDRAN RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1ST PARLIAMENT STREET, NEW DELHI-100 001. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM-695 001. 5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI, PIN-600 005. 6. THE DIRECTOR, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM-695 001. 7. THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM-695 001. 8. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 541. WP(C).No. 31499 of 2010(J) 9. THE TAHSILDAR, NEDUMANGAD, PIN-695 541. 10. THE HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS SENIOR REGIONAL MANAGER, TATAPURAM, ERNAKULAM, KOCHI-682 018. 11. VIJAYAN, S/O. GOPALAN NAIR, "UTHRADAM", KARETTE, VAMANAPURAM P.O., THIRUVANANTHAPURAM-695 606. 12. SHYLAJA VIJAYAN, W/O. VIJAYAN, "UTHRADAM", KARETTE, VAMANAPURAM P.O., THIRUVANANTHAPURAM-695 606. 13. THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003. BY GOVT. PLEADER SMT. N. SUDHADEVI R10 BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH R11 & 12 BY ADVS. SRI.NAGARAJ NARAYANAN FOR 2 SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.N.NARAYANAN NAIR R1- R3 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB R5 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON 16/02/2011 DELIVERED THE FOLLOWING: WP(C).No. 31499 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF PLAINT O.S. NO. 288/09 DATED 09.11.2009 FILED BY THE PETITIONER BEFORE THE SUB COURT ATTINGAL. EXT.P2 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT DATED 16.12.2009 EXT.P3 COPY OF REPLY DATED 31.12.2009 GIVEN BY THE 8TH RESPONDENT TO THE PETITIONER VIDE LETTER NO. A2.1641/09 EXT.P4 COPY OF LOCATION PLAN PREPARED BY STATE PUBLIC INFORMATION OFFICER & DEPUTY TAHSILDAR EXT.P5 COPY OF RELEVANT EXTRACT OF CIRCULAR NO. RW/NH-33023/19/99-DO- III DATED 25.09.2003 ISSUED BY THE 1ST RESPONDENT EXT.P5 (a) COPY OF NORMS FRAMED BY THE INDIAN ROAD CONGRESS EXT.P6 COPY OF REPORT DATED 02.12.2009 OF THE ASST. ENGINEER, PWD ROADS SECTION. EXT.P7 COPY OF RECOMMENDATION ISSUED BY THE 8TH RESPONDENT TO THE 3RD RESPONDENT DATED 10.12.2009 EXT.P8 COPY OF JUDGMENT DATED 29.03.2004 IN W.P.(C)NO. 330/04 OF THIS HON'BLE COURT EXT.P9 COPY OF NOTICE REGARDING 2009 KUTTOOR PURAM IN MAJOR KUTTOOR SREEDHARMA SASTHA TEMPLE EXT.P10 COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 17.12.2009 EXT.P11 COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 07.01.2010 EXT. P12 COPY OF JUDGMENT DATED 23.03.2010 IN W.P.(C)NO. 2062/10 OF THIS HON'BLE COURT EXT. P13 COPY OF HEARING NOTE AND NO OBJECION CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT. P14 COPY OF THE NORMS PUBLISHED BY THE INDIAN ROADS CONGRESS EXT. P15 COPY OF THE 2ND PAGE OF THE NOTICE OF THE FESTIVAL OF MAJOR KUTTOOR SREE DHARMA SASTHA TEMPLE, VAMNAPURAM. WP(C).No. 31499 of 2010(J) RESPONDENT'S EXHIBITS: EXT. R10 (a) COPY OF THE COMMUNICATION DATED 22.12.2009 SUBMITTED BY THE SECRETARY OF THE KUTTOOR SREE DHARMASASTHA KSHETROPADESAKA SAMITHI EXT. R10 (b) COPY OF THE PROCEEDINGS DATED 01.01.2010 OF THE TAHSILDAR, NEDUMANGAD ALONG WITH THE LOCATION SKETCH EXT. R10 (c) COPY OF THE COMMUNIAION DAED 25.11.2009 EXT. R10 (d) COPY OF JUDGMENT IN W.P.(C) NO. 15964 OF 2005, DATED 03.01.2007 EXT. R10 (e) COPY OF THE NOTICE REGARDING POORAM IN KUTTOOR SREEDHARMA SASTHA TEMPLE EXT. R10 (f) COPY OF COMMUNICATION DATED 03.12.2009 SUBMITTED BY THE NEIGHBOURING LAND HOLDERS EXT. R12 (a) COPY OF SALE DEED NO. 922/2008 OF THE SRO, VAMANAPURAM DATED 02.04.2008 EXT. R12 (b) COPY OF SALE DEED NO. 1815/2009 OF THE SRO, VAMANAPURAM DATED 26.09.2009 EXT. R12 (c) COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, VAMANAPURAM DATED 31.12.2009 EXT. R12 (d) COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR, NEDUMANGAD DATED 01.01.2010 EXT. R12 (e) COPY OF THE SKETCH OF THE ROAD PREPARED BY THE SURVEYOR EXT. R12 (f) COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, TEMPLE ADVISORY COMMITTEE, SREE DHARM SASTHA TEMPLE, KUTTOOR, DATED 22.12.2009 EXT. R12 (g) COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM EXT. R12 (h) COPY OF THE NO OBJECTION CERIFICATE ISSUED BY THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM DATED 14.12.2009 EXT. R12 (i) COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM DATED 25.11.2009 EXT. R12 (j) COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT SUPPLY OFFICER, THIRUVANANTHAPURAM DATED 23.12.2009 EXT. R12 (k) COPY OF THE LETTER ISSUED BY THE SUPERINTENDING ENGINER, PWD DATED 31.12.2009 WP(C).No. 31499 of 2010(J) EXT. R12 (l) COPY OF THE LETTER ISSUED BY THE PRESIDENT, VAMANAPURAM PANCHAYATH DATED 22.12.2009 EXT. R12 (m) COPY OF THE CONSENT DATED 10.02.2010 ALONGWITH THE COVERING LETTER DATED 15.02.2010 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT. R12 (n) COPY OF THE NO OBJECTION LETTER DATED 04.06.2010 ISSUED BY THE 4TH RESPONDENT DATED 04.06.2010 EXT. R12 (o) COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 17.09.2010 EXT. R12 (p) COPY OF THE LETTER DATED 04.10.2010 EXT. R12 (q) COPY OF THE INFORMATION REPORT DATED 22.10.2010 ISSUED BY THE TRAVANCORE DEVASWOM SUB GROUP OFFICER EXT. R12 (r) COPY OF THE LETTER DATED 20.05.2010 SMT S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 31499 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2011 J U D G M E N T In this writ petition this court has passed the following interim order on 29.11.2010 which practically disposes of the writ petition itself on merits. “Learned Government Pleader takes notice for respondents 2, 3, 8 and 9. Sri.T.P.M.Ibrahim Khan, learned Assistant Solicitor General of India, takes notice for the 5th respondent. Service complete. 2. Heard the learned counsel appearing on both sides. In this writ petition the petitioner challenges Ext.P13 No Objection Certificate issued by the District Collector, Trivandrum to the Hindustan Petroleum Corporation Limited to establish a petroleum outlet in the lands situate in Sy.No.603/2- 2, 603/2-1, 603/1-2, 603/2, 603/1-1 of Vamanapuram Village, Nedumangadu Taluk. The said parcel of land belongs to the 11th respondent, whose wife, the 12th respondent has been selected by the Hindustan Petroleum Corporation for the award of a petroleum dealership. The petitioner contends that the District Collector did not take into account relevant factors while issuing the No Objection Certificate. He has also a claim that a portion of the land where the petroleum outlet is proposed to be established, nearly 1.64 cents in extent, is the subject matter of O.S.No.288/2009 on the file of the Sub Court, Attingal wherein the petitioner has prayed for reconveyance of the land. The first defendant in that suit is the petitioner's daughter Shylaja and the second defendant is the 11th respondent herein and it is joining them as defendants that the petitioner has prayed for reconveyance of the property to him. 3. It is evident from the averments in Ext.P1 plaint that as on today the 11th respondent is the owner of the land. The petitioner cannot therefore lay claim to be the owner of the land. Therefore, the mere pendency of the suit is not, in my opinion, a reason to decline a No Objection Certificate to the W.P.(C)No. 31499 of 2010 -2- Hindustan Petroleum Corporation for establishing a petroleum outlet in the lands referred to in Ext.P13. As regards safety measures, the main contention raised by the petitioner is that the District Collector has not taken into account the existence of a temple close by where during the festival season, display of fire works is held. 4. A statement dated 25.11.2010 has been filed on behalf of the 13th respondent by the learned standing counsel. It is stated therein that there is no fire works display during the festival season. The petitioner has not produced any material to show that the said statement is not factually correct. In such circumstances it cannot be said that the District Collector has failed to take into account the existence of the temple while granting the No Objection Certificate. I therefore find no grounds to maintain the interim order. The interim order granted by this Court on 14.10.2010 is accordingly vacated.” The counsel for the petitioner submits that in view of the said order the writ petition may be closed without prejudice to the right of the petitioner to prosecute O.S. No.288/2009 pending before the Sub Court, Attingal. Accordingly the writ petition is closed without prejudice to the right of the petitioner to prosecute the said suit. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/