Jos.I.Ambookan vs The Project Director on 13 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4324 of 2009(M)


1. JOS.I.AMBOOKAN, MANAGING PARTNER,
                      ...  Petitioner

                        Vs



1. THE PROJECT DIRECTOR, NO.8/117,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.P.V.JAYACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/02/2009

 O R D E R
                          ANTONY DOMINIC, J.
                         ==============
                    W.P.(C) NO. 4324 OF 2009 (M)
                   ====================

              Dated this the 13th day of February, 2009

                             J U D G M E N T

Petitioner is a retail outlet dealer of Hindustan Petroleum

Corporation Ltd, having his outlet located in Sy.No.777/2 of Kodakara

Village MukundapuramTaluk. In connection with the four lining of the

National Highway 47, the 1st respondent issued Ext.P1 requiring the

petitioner to close down the outlet and remove the installation from the

land where it is now located, within a week of receipt of the said letter.

According to the petitioner, there is no emergent situation warranting

immediate shifting of the outlet and it is stated that the work in connection

with the National Highway has not progressed that much requiring the

issuance of Ext.P1. It is also stated that anticipating the move on the part

of the 1st respondent, as seen in Ext.P1, petitioner has already initiated

process for relocating his outlet. It is stated in the writ petition that on

receipt of Ext.P1, he made Ext.P2 to 2nd respondent requesting that until

relocated, he be permitted to continue at the present site so long as it

does not cause any hindrance to the work in connection with the National

Highway.

2. Since Ext.P2 according to the petitioner is pending before the

WPC 4324/09
:2 :

1st respondent, I direct the 1st respondent to consider the same and pass

orders thereon. Subject to the condition that the petitioner produces a

copy of this judgment before the 1st respondent before 19.2.2009, it is

directed that until orders are passed on Ext.P2, status quo as on date in so

far as the continuance of the outlet is concerned shall be maintained.

3. Petitioner may produce a copy of this judgment as directed

above along with a copy of this writ petition before the 1st respondent for

compliance.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp