MERVIN JOSEPH Vs. DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION,

JUDGEMENT

(1.) The petitioner has been granted Ext.P1 letter of intent by the 5th respondent for establishing a petroleum retail outlet in a property on the side of Erattupetta-Teekoy-Vagamon road in Kottayam district.

(2.) The petitioner points out that as far as the road safety aspect is concerned, the PWD Engineer who is the person who is competent to opine about it, has reported that the property has sufficient siting distance and there is no reason to apprehend that curves 40 Metres away may cause accidents.

(3.) Respondents 3 and 4 have filed a counter affidavit and the 2nd respondent has filed a statement, justifying their actions. According to them, Rule 5(6)(1)(a) of the Kerala Panchayat Building Rules does not warrant issuance of a lay out approval.