Manju K.K. v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 20498 of 2015 (J) --------------------------------------- PETITIONER(S):

----------------------- MANJU K.K., AGED 36 YEARS, W/O. RENJITH C.V., THADATHIL HOUSE, DIVYA NAGAR-42, PATTATHANAM P.O., CHEMMAMUKKU JUNCTION, KOLLAM - 691 021.

BY ADVS.SRI.T.S.HARIKUMAR SRI.RAAJESH S.SUBRAHMANIAN RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM - 691 013.

2. OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008, REPRESENTED BY CHIEF DIVISIONAL RETAIL SALES MANAGER.

3. THE DISTRICT SUPPLY OFFICER, KOLLAM - 691 001.

R1 & R3 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R2 BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 20498 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 24/12/2014.

EXHIBIT-P2-TRUE PHOTOSTAT COPY OF THE LETTER OF INTENT ISSUED BY THE 2ND RESPONDENT DATED 23/02/2015.

EXHIBIT-P3-TRUE PHOTOSTAT COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE IST RESPONDENT DATED 29/05/2015.

EXHIBIT-P4-TRUE PHOTOSTAT COPY OF THE ORDER OF THE IST RESPONDENT DATED 26/06/2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.20498/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th Day of September, 2015

J U D G M E N T

The petitioner challenging Exhibit P4 order of the District Collector has approached this Court. By Exhibit P4 order, no-objection certificate issued to the petitioner to establish a new petrol pump has been suspended. The reason stated in that is that the petrol pump is not financially viable.

2.

This Court is of the view that such a finding is beyond the power vested with the District Collector. Further, the District Collector has no power to review decision of issuance of no-objection certificate based on this ground. In that view of the matter, Exhibit P4 is set aside. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms