Kerala High Court
Jyothilakshmi M.T vs State Of Kerala on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 1246 OF 2021
PETITIONER:
JYOTHILAKSHMI M.T.
AGED 45 YEARS
W/O.V.P MOHANAN,
VALIYAPURAYIL,
PAZHASSI,
KUTTIYATTOOR VILLAGE,
PAVANNURMATTA (P.O.),
KANNUR DISTRICT - 670 602.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
2 DISTRICT COLLECTOR
COLLECTORATE ROAD,
THAVAKKARA, KANNUR,
KERALA - 670 002.
3 CHIEF ENGINEER, PWD (ROADS)
LMS VELLAYAMBALAM ROAD,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM - 695 033.
4 THE EXECUTIVE ENGINEER PWD DIVISION
COLLECTORATE COMPOUND,
CIVIL STATION,
NEAR RTA OFFICE, KANNUR, KERALA - 670 002.
5 THE ASSISTANT EXECUTIVE ENGINEER
(ROADS SUB DIVISION) PWD,
TALIPARAMBA,
KANNUR - 670 141.
WP(C) NO. 1246 OF 2021 2
6 TERRITORY MANAGER
BHARATH PETROLEUM CORPORATION LTD.,
C.K.TOWERS, VANDIPETTA,
NADAKAVU, KOZHIKODE - 673 006.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SMT.DEEPA NARAYANAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1246 OF 2021 3
JUDGMENT
Dated this the 4th day of August 2021
The dispute in this writ petition relates to denial of an NOC for
starting a Petroleum retail outlet. The petitioner has now produced
Exts.P25 to P28 which are all orders issued by the very same officer
granting NOC to other individuals for starting retail petrol outlets.
The petitioner points out that the reason which is stated for rejection
in his case has not been treated as a reason in any of the other cases.
The petitioner hence limits his prayer for a reconsideration of the
grant of NOC on the basis of Exts.P25 to P28.
In the light of the limited prayer, this writ petition is disposed of
directing the 2nd respondent to reconsider the application submitted
by the petitioner for NOC in the light of Exts.P25 to P28. For the
purpose of this reconsideration, Ext.P21 and P23 are kept in abeyance
and if the 2nd respondent finds that the petitioner is also entitled for
the NOC as in the case of the persons covered by Exts.P25 to P28,
such orders may be issued and the earlier orders Exts.P21 and P23
will seize to have any effect thereafter. The order shall be passed
within six weeks from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
Sn
APPENDIX OF WP(C) 1246/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE
5TH RESPONDENT DATED 3/9/19.
EXHIBIT P2 TRUE COPY OF THE ADDITIONAL LETTER OF INTENT
DATED 14/11/2019.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 27/11/2019 OF THE
5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND
RESPONDENT TO THE TAHSILDAR AND OTHERS DATED
9/12/2019.
EXHIBIT P5 TRUE COPY OF THE NOC ISSUED BY THE TAHSILDAR
DATED 23/1/2020.
EXHIBIT P6 TRUE COPY OF THE NOC ISSUED BY THE DISTRICT
POLICE CHIEF ON 25/1/2020.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 24/1/2020
BY THE TALUK SUPPLY OFFICER TO THE DISTRICT
SUPPLY OFFICER.
EXHIBIT P8 TRUE COPY OF THE NOC DATED 27/1/2020 ISSUED BY
THE REGIONAL FIRE OFFICER.
EXHIBIT P9 TRUE COPY OF THE DECISION OF THE GRAMA
PANCHAYAT DATED 10/1/2020.
EXHIBIT P10 TRUE COPY OF THE NOTIFICATION NO.28 ISSUED BY
THE CENTRAL GOVERNMENT WITHDRAWING IRC NORMS.
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION SENT BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT DATED
6/2/2020.
EXHIBIT P12 TRUE COPY OF JUDGMENT DATED 5/3/2020 IN WA
138/2020.
EXHIBIT P13 TRUE COPY OF GO(MS) NO.16/2020/PWD DATED
10/2/2020.
EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF THE
PETROLEUM RULES 2002.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 25/8/2020 IN
WRIT PETITION NO.11799/2020.
EXHIBIT P16 TRUE COPY OF THE REPRESENTATION WITH
ENDORSEMENT DATED 03/09/2020 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE COMMUNICATION SENT BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT DATED
14/9/2020.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT DATED
15/09/2020.
EXHIBIT P19 TRUE COPY OF THE COMMUNICATION SENT BY THE 4TH
RESPONDENT TO THE 3RD RESPONDENT DATED
05/10/2020.
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT DATED
11/11/2020.
EXHIBIT P21 TRUE COPY OF THE ORDER DATED 11/12/2020 PASSED
BY THE DISTRICT COLLECTOR REJECTING THE CLAIM
OF THE PETITIONER.
EXHIBIT P22 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)
NO.67/2020/PWD DATED 16/10/2020.
EXHIBIT P23 TRUE COPY OF THE REPORT OF THE EXECUTIVE
ENGINEER DATED 4/12/2020.
EXHIBIT P24 TRUE COPY OF THE COMMUNICATION SENT BY THE
EXECUTIVE ENGINEER PWD KANNUR DATED 23.9.2019
TO THE DISTRICT COLLECTOR, KANNUR DATED
14.10.2020 WITH COPY OF THE LETTER SENT BY THE
ASSISTANT EXECUTIVE ENGINEER, PWD KANNUR TO THE
EXECUTIVE ENGINEER PWD KANNUR DATED 23.09.2019.
EXHIBIT P25 TRUE COPY OF THE NOC ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE KANNUR DATED 16.1.2021.
EXHIBIT P26 TRUE COPY OF THE NOC DATED 4.11.2020 ISSUED BY
THE ADDITIONAL DISTRICT MAGISTRATE KANNUR
EXHIBIT P27 TRUE COPY OF THE PROCEEDINGS OF THE ADDITIONAL
DISTRICT MAGISTRATE KANNUR DATED 26.2.2021
EXHIBIT P28 TRUE COPY OF THE PROCEEDINGS OF THE ADDITIONAL
DISTRICT MAGISTRATE KANNUR DATED 16.10.2020
EXHIBIT P29 TRUE COPY OF THE NOC DATED 22.06.2020 ISSUED BY
THE ADDITIONAL DISTRICT MAGISTRATE
RESPONDENT'S EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE LETTER
NO.CE/R/PLG/DB4/20337/2020 DATED 03.09.2020
EXHIBIT R3(B) TRUE COPY OF THE LETTER
NO.CE/R/PLG/DB4/20337/2020 DATED 11.11.2020
EXHIBIT R3(C) TRUE COPY OF THE LETTER NO.B3-8317/2019 DATED
04.12.2020
//TRUE COPY// PA TO JUDGE
