IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 20323 OF 2022
PETITIONER/S:
NEETHU BABU.O.,
AGED 34 YEARS
W/O ANOOP. M, VALAKAYATHIL HOUSE KAVILUMPRA, KOZHIKODE.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA,
REP BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS
DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-
695001.
2 KERALA PUBLIC WORKS DEPARTMENT
REP BY THE PROJECT DIRECTOR KERALA STATE TRANSPORT
PROJECT JAGAD BUILDINGS, KOWDIAR P.O
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION KOZHIKODE-673002.
4 THE DISTRICT COLLECTOR,
KOZHIKODE DIST COLLECTORATE, KOZHIKODE-673020.
5 MANGALORE REFINERY AND PETROCHEMICALS LTD.,
REP BY ITS DIVISIONAL MANAGER KUTHETHOOR P.O, VIA
KATLPALLA MANGALORE-575030.
OTHER PRESENT:
GP AMMINIKUTTY K;
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20323 OF 2022
2
JUDGMENT
Dated this the 1st day of July, 2022 The petitioner has been issued with Exhibit P1 offer letter by the 5th respondent Oil Manufacturing Company for conducting a retail petroleum outlet. In accordance with the procedure prescribed in Rule 144 of the Petroleum Rules, the 5th respondent has submitted Exhibit P2 application for obtaining NOC for setting up the outlet. According to the petitioner, all the authorities, except the 3rd respondent, i.e., the Executive Engineer, PWD (Roads), Kozhikode, have furnished enquiry reports to the 4 th respondent. Exhibit P2 application is not processed as the 3rd respondent is yet to file the enquiry report. Learned Counsel for the petitioner relied on the decision in Thommachan Jacob v. State of Kerala [2021 (4) KLT 756] to contend that there cannot be any insistence on production of NOC from the PWD.
2. Learned Government Pleader submitted, on WP(C) NO. 20323 OF 2022 3 instructions that, the delay in issuance of NOC by the 4 th respondent is not because of the non receipt of report from the 3rd respondent. The other statutory authorities are yet to submit their reports and the application will be processed on receipt of the reports.
The writ petition is hence disposed of, directing the 4 th respondent to issue NOC based on Exhibit P2 application without waiting for the 3rd respondent's recommendation, provided the reports of the other authorities are in the applicant's favour. In view of the time limit prescribed in the Petroleum Rules, the 4th respondent shall call upon the other authorities to submit their reports at the earliest and take a decision on Exhibit P2 application within three weeks of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 20323 OF 2022 4 APPENDIX OF WP(C) 20323/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 21/3/2022.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 06/6/2022.
Exhibit P3 COPY OF THE G.O (M.S) NO: 46/2019/PWD DATED 22/10/2019.
Exhibit P4 COPY OF THE G.O (MS) NO: 16/2020/PWD DATED 10/2/20.
Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O(M.S)NO: 67/2020/PWD DATED 16/10/2020.
Exhibit P6 COPY OF THE JUDGMENT OF W.P(C) NO:
4945/2022 DATED 15.02.2022.