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PROF. T.SOBHENDRAN versus BHARATH PETROLEUM CORPORATION LTD.(BPCL)

High Court of Kerala

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PROF. T.SOBHENDRAN v. BHARATH PETROLEUM CORPORATION LTD.(BPCL) - WP(C) No. 3778 of 2007(Y) [2007] RD-KL 2721 (6 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3778 of 2007(Y)

1. PROF. T.SOBHENDRAN,
... Petitioner

Vs

1. BHARATH PETROLEUM CORPORATION LTD.(BPCL)
... Respondent

2. THE ADDITIONAL DISTRICT MAGISTRATE,

3. ARUNKUMAR, S/O.P.V.PADMANABHAN NAMBIAR,

4. P.V. PADMANABHAN NAMBIAR,

5. CORPORATION OF CALICUT,

6. CALICUT DEVELOPMENT AUTHORITY,

7. KAKKODY GRAMA PANCHAYATH,

For Petitioner :SRI.SIVAN MADATHIL

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :06/02/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C).NOS.3778 & 3029 OF 2007 ()

Dated this the 6th day of February, 2007



J U D G M E N T

KOSHY,J.

W.P.(C).No.3029/2007 is filed for police protection for commissioning the petroleum retail outlet of Bharat Petroleum Corporation Limited as per Ext.P4 NOC. W.P.(C).No.3778/2007 is filed for stopping the commissioning of the above. It is submitted that civil court has passed an order of injunction for constructing the petrol pump and it is for the civil court to pass orders according to law after considering the merits of the case and this Court will not make any observations in a pending civil case. It is also submitted by the petitioners in W.P.(C). No.3029/2007 that if there is any prohibitory orders issued by the statutory authorities or civil court they will obey the same. Before vacating the order of injunction now passed they will not make any constructions. Petitioner in W.P.(C).No.3778/2007 also submit that they will not take law into their hands. If any W.P.(C).NOS.3778 & 3029 OF 2007 2 of their rights are affected, it is for them to approach the statutory authorities or civil court. If there is no prohibition from civil court or statutory authorities petitioners can commission the pump and if illegal obstruction is there at that time, police shall give adequate protection. With the above observations both these petitions are disposed of.

J.B.KOSHY, JUDGE

T.R.RAMACHANDRAN NAIR, JUDGE

prp

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

O.P.NO. OF 2006 ()

J U D G M E N T

1th January, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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