Varun Raj vs The District Collector
2021 Latest Caselaw 12183 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                        WP(C).No.9954 OF 2021(T)


PETITIONER:

               VARUN RAJ,
               AGED 32 YEARS,
               S/O.K.P.RAJASEKHARAN, ASWANI NIVAS, OLD POST OFFICE
               ROAD, PAYYANNUR P.O., KANNUR.

               BY ADVS.
               SRI.R.SUNIL KUMAR
               SMT.A.SALINI LAL

RESPONDENTS:

      1        THE DISTRICT COLLECTOR, KANNUR DISTRICT,
               COLLECTORATE, KANNUR-670 002.

      2        THE ADDITIONAL DISTRICT MAGISTRATE,
               KANNUR DISTRICT, COLLECTORATE, KANNUR-670 002.

      3        MANGALORE REFINERY AND PETROCHEMICALS LTD.,
               REPRESENTED BY ITS DIVISIONAL MANAGER, KUTHETHOOR
               P.O., VIA KATIPALLA, MANGALORE-575 030.

      4        THE TAHSILDAR, TALUK OFFICE,
               PAYYANNUR P.O., KANNUR-670 307.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9954 OF 2021(T)          2




                      P.V.KUNHIKRISHNAN, J
                   ----------------------------------
                     W.P.(C.) No. 9954 of 2021
                       --------------------------------
                Dated this the 23rd day of April, 2021

                             JUDGMENT

This writ petition is filed for issuing appropriate

direction to the 1st respondent to issue no objection

certificate to the petitioner's site, notwithstanding the

objection of the neighbours for starting a retail petroleum

outlet.

2. For the purpose of starting a retail petroleum

outlet, Ext.P1 letter of intent was issued by the 3 rd

respondent. As a procedure to start the same, the 3 rd

respondent submitted Ext.P2 application requesting the 1 st

respondent to give NOC for starting the same as per Rule

144 of the Petroleum Rules. The 1st respondent called for

reports from various authorities for granting NOC. All the

authorities except the Tahsildar, submitted the report.

According to the petitioner, three neighbours objected the

establishment of fuel station and hence, the 1 st respondent

has not disposed Ext.P2 application on that ground.

According to the petitioner, as per Rule 144 of the Petroleum

Rules, consent of neighbours is not necessary.

3. Heard counsel for the petitioner and the

Government Pleader.

4. After hearing both sides, I think this writ petition

can be disposed of directing the 1st respondent to consider

Ext.P2 in accordance to the law, after hearing all the affected

parties. The 1st respondent will also look into the fact

whether the consent of neighbours is necessary as per

relevant provisions of the Petroleum Rules while passing final

orders in Ext.P2.

Therefore, this writ petition is disposed directing the 1 st

respondent to consider Ext.P2 and pass appropriate orders in

accordance to the law, within one month from the date of

receipt of a copy of this judgment after hearing the petitioner

and all other affected parties, if any.

Sd/-

P.V.KUNHIKRISHNAN,

JUDGE

pm

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 29.11.2019.

EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 3RD RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 09.12.2019.

EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO.30818/2015 OF THIS HON'BLE COURT DATED 13.10.2015.

EXHIBIT P4 COPY OF THE JUDGMENT IN WPC NO.9081/2017 OF THIS HON'BLE COURT DATED 30.05.2017.

EXHIBIT P5 COPY OF THE JUDGMENT IN WPC NO.19140/20 OF THIS HON'BLE COURT DATED 23.09.2020.