IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 2062 of 2010(G) ------------------------------------ PETITIONER(S): ---------------------- G.SUKUMARAN, "SANTHAMADOM", KARETTE, VAMANAPURAM P.O., THIRUVANANTHAPURAM 695006. BY ADVS. MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN MR.T.R.SADEESAN MR.T.S.SHYAM PRASANTH 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. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM. 5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI. 6. THE DIRECTOR, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM. 7. THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM. W.P.(C) NO.2062/2010 8. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 9. THE TAHSILDAR, NEDUMANGAD. 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. 12. SHYLAJA VIJAYAN, W/O.VIJAYAN, "UTHRADAM", KARETTE, VAMANAPURAM P.O. THIRUVANANTHAPURAM. 13. THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. R1 & R5 BY ADVS.MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 TO R4, R6 TO R9 BY GOVT. PLEADER MR.P.NARAYANAN R10 BY MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, MR.V.J.ANAND. R11 TO R12 BY MR.NAGARAJ NARAYANAN, MR.RAJAN VELLOTH, MR.SAIJO HASSAN , MR.A.S.SABU, MR.PRATHAP PILLAI, MR.RAFEEK. V.K. R13 BY MR.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2062/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT OS. NO.288/09 DTD. 9.11.09 FILED BY THE PETITIONER BEFORE THE SUB COURT, ATTINGAL. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT DTD. 16.12.09. P3:- COPY OF THE REPLY DTD. 31.12.09 GIVEN BY THE 8TH RESPONDENT TO THE PETITIONER VIDE LETTER NO.A2.1641/09. P4:- COPY OF THE LOCTION PLAN PREPARED BY STATE PUBLIC INFORMATION OFFICER & DEPUTY TAHSILDAR. P5:- COPY OF THE RELEVANT EXTRACT OF CIRCULAR NO.RW/NH-33023/19/99-DO-III DTD. 25.9.03 ISSUED BY THE IST RESPONDENT. P5(a):- COPY OF THE NORMS FRAMED BY THE INDIAN ROAD CONGRESS. P6:- COPY OF THE REPORT DTD. 2.12.09 OF THE ASST. ENGINEER, PWD ROADS SECTION. P7:- COPY OF THE RECOMMENDATION ISSUED BY THE 8TH RESPONDENT TO THE 4TH RESPONDENT DTD. 10.12.09. P8:- COPY OF THE JUDGMENT DTD. 29.3.04 IN WPC. 330/04 OF THIS HONOURABLE COURT. P9:- COPY OF THE NOTICE REGARDING 2009 KUTTOOR PURAM IN MAJOR KUTTOOR SREEDHARMA SASTHA TEMPLE. P10:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DTD. 17.12.09. P11:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 7.1.2010. P12:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 29.12.09. P13:- COPY OF THE LOCATION SKETCH DTD. 16.11.09 ORIGINALLY PREPARED BY THE VILLAGE OFFICER, VAMANAPURAM. P14:- COPY OF THE REPORT SUBMITTED BY THE 8TH RESPONDENT BEFORE THE 4TH RESPONDENT DTD. 16.12.09. W.P.(C) NO.2062/2010 P15:- COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, VAMANAPURAM DTD. 16.12.09. P16:- COPY OF THE TAX RECEIPT DTD. 28.3.08 ISSUED BY THE VAMANAPURAM VILLAGE. P17:- COPY OF THE NOTICE RELATING TO FESTIVAL OF KUTTOOR POORAM 2009. R10(a):- COPY OF THE COMMUNICATION DTD. 22.12.09 SUBMITTED BY THE SECRETARY OF THE KUTTOOR SHREE DHARMASASTHA KSHETROPADESAKA SAMITHY. R10(b):- COPY OF THE PROCEEDINGS DTD. 1.1.2010 OF THE TAHSILDAR, NEDUMANGAD ALONG WITH THE LOCATION SKETCH. R10(c):- COPY OF THE COMMUNICATION DTD. 25.11.09. R10(d):- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 15964/05. R10(e):- COPY OF THE NOTICE REGARDING PURAM IN KUTTOOR SHREE DHARMASASTHA TEMPLE. R10(f):- COPY OF THE COMMUNICATION DTD. 3.12.0-9 SUBMITTED BY THE NEIGHBOURING LAND HOLDERS. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2062 of 2010 ------------------------------------------------ Dated this the 23rd day of March, 2010 JUDGMENT The petitioner herein is aggrieved by the proposal to start a petroleum outlet. According to the petitioner, respondents are suppressing the material and relevant facts. He is a resident of Vamanapuram Village and he is the owner of 1.64 cents of land and is having a shop in Re-survey No.603/2 of Vamanapuram Village. The petroleum outlet is sought to be granted to the 12th respondent and property belongs to the 11th respondent her husband. The main complaint is that in the location plan as well as the other details, the existence of temple by name Major Kuttoor Sreedharma Sastha Temple, under the 13th respondent has been suppressed. There is a sharp curve also near to it and numerous accidents have been reported. Various representations have been filed in the matter and failing to get any positive action, the petitioner has filed this writ petition. Ext.P11 is the detailed representation before the District Collector who is empowered to issue No Objection Certificate in the matter. W.P.(C)No.2062 of 2010 2 2. Respondents 11 and 12 have filed a detailed counter affidavit opposing the contentions of the petitioner. It is pointed out that objections are not correct and all the details have been verified by the Village Officer, Vamanapuram and the location sketch is produced as Ext.R11(c) and Ext.R11(d) is the report of the Tahsildar. It is submitted that all the statutory authorities have granted their No Objection Certificate in the matter. In paragraph 11 of the counter affidavit filed by the 10th respondent it is mentioned that the sketch submitted already does not include a temple and a fresh sketch showing the temple would be submitted before the appropriate authority namely, the Additional District Magistrate before the proceedings for issuance of No Objection Certificate, is finalised. 3. Heard the learned Standing Counsel appearing for Travancore Devasom Board also. It is submitted that a Temple is situated nearby the site. 4. All these matters have to be considered by the District Magistrate namely the District Collector before the issuance of the No Objection Certificate. 5. Therefore, there will be a direction to the District Collector to take appropriate decision in the matter after W.P.(C)No.2062 of 2010 3 considering the various reports of the Revenue Authorities, sketch produced by the 11th and 12th respondents and the revised sketch which will be produced by the 10th respondent and after hearing the petitioner 11th and 12th respondents and the Travancore Devasom Board within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj