Santhosh Kumar vs State Of Kerala
2021 Latest Caselaw 17282 Ker

Citation : 2021 Latest Caselaw 17282 Ker
Judgement Date : 17 August, 2021

Kerala High Court

Santhosh Kumar vs State Of Kerala on 17 August, 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
                     WP(C) NO. 17082 OF 2021
PETITIONER:
           SANTHOSH KUMAR,AGED 42 YEARS
           S/O. SUBBA BELCHADA BAJAL, BAJAL HOUSE,
           PAVOOR P.O., MANJESHWAR, KASARAGOD.

          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL
          ARUN KRISHNA


RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
           KERALA PUBLIC WORKS DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

    2     KERALA PUBLIC WORKS DEPARTMENT,
          REPRESENTED BY THE PROJECT DIRECTOR,
          KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS,
          KOWDIAR P.O., THIRUVANANTHAPURAM-695003.

    3     THE EXECUTIVE ENGINEER,
          PWD ROADS DIVISION, BEACH ROAD, KASARAGOD-671123.

    4     THE DISTRICT COLLECTOR,
          KASARAGOD DISTRICT, COLLECTORATE, KASARAGOD-671121.

    5     BHARAT PETROLEUM CORPORATION LIMITED,
          REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
          CALICUT TERRITORY, 3RD FLOOR, CEEKAY TOWERS,
          VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST,
          CALICUT-673011.

          BY SR.GP SRI.S.RAJMOHAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17082 OF 2021                   ..2..




                                JUDGMENT

In this writ petition, the petitioner is aggrieved by the

non-consideration of the request for 'No Objection Certificate

(NOC)' by the the District Collector, the authority under Rule 144

of the Petroleum Rules, 2002 on the basis of objection by the

officers of the Public Works Department (PWD) relying on

Government Orders viz. G.O. (Ms)No.16/2020/PWD dated

10.02.2020 (Ext.P4) and G.O.(Ms)No.67/2020/PWD 16.10.2020

(Ext.P5). The petitioner also prays for direction to issue NOC to

the petitioner's site notwithstanding objection of the neighbours.

2. Regarding insistence on condition to produce NOC from

PWD while granting NOC by the district authorities, recently, in a

batch of writ petitions (W.P(C) No.9881/2020 & connected cases)

filed by Oil Marketing Companies and various

Franchisees selected by them, challenging the non-grant of /

rejection of application for issuing NOCs by the district

authorities, for establishing Petroleum Fuel Retail Outlets in

various places in Kerala as contemplated under Rule 144 of the WP(C) NO. 17082 OF 2021 ..3..

Petroleum Rules, 2002, this Court has passed a judgment on

05.08.2021, wherein this Court quashed the aforesaid

Government Orders dated 10.02.2020 and 16.10.2020 and

declared that, insisting on a condition to produce NOC from

PWD while granting NOC by the district authorities is null and

void. The relevant portion of the judgment is extracted

hereunder:-

"54. In view of findings and conclusions made hereinabove, this Court find it unnecessary to decide other issues agitated in these Writ Petitions. The writ petitions filed by Oil Marketing Companies and their Franchisees are therefore allowed with the following orders/directions:

(i) Ext.P2 and P4 Government Orders and the Guidelines for Access Permission to Fuel Stations along State Highways (SH) and Major District roads (MSR) approved as per Ext.P4 are set aside;

(ii) Orders of the District Authorities rejecting the applications for NOC under Rule 144 of the petroleum Rules, 2002 submitted by the petitioners/the respective Oil Marketing Companies for non-compliance of Ext.P2 or P4 Guidelines, are set aside.

(iii) In those Writ Petitions where District Authorities have granted NOC subject to the condition of producing NOC from PWD, the said condition is declared as null and void.

            (iv)  The         District    Authorities    concerned     are
 WP(C) NO. 17082 OF 2021             ..4..

directed to consider/re-consider the applications submitted by the petitioners for NOC under Rule 144 of the Petroleum Rules, 2002 without regard to Exts.P2 and P4 and in accordance with the Rules prevailing as on the dates of the applications, within a period of two months.

(v) The petitioners will be at liberty to cure any other defects in their applications or pointed out in the orders of rejection of their applications, in the meanwhile.

(vi) WP(C) Nos. 15228/2020, 12396/2020, 9008/2020, 8075/2020, 4614/2020, 4607/2020, 3549/2020, 35334/2020, 35036/2020, 33640/2020, 29361/2020 and 68/2021 which are filed challenging grant of NOC ignoring Exts.P2 and P4 Government Orders are dismissed."

Exts.P2 and P4 referred to in the above judgment are G.O.

(Ms)No.16/2020/PWD dated 10.02.2020 and G.O.

(Ms)No.67/2020/PWD 16.10.2020 viz., Exts. P4 and P5 herein.

3. Regarding the prayer for direction to the 4 th respondent

to issue NOC to the petitioner's site for starting the petroleum

retail outlet notwithstanding the objection of the neighbours, the

petitioner relies on Exts.P7, P8 and P9 judgments wherein this

Court has considered similar issue and held that consent of

neighbouring property owners is not required for grant of NOC

and that the District Collector is legally bound to consider WP(C) NO. 17082 OF 2021 ..5..

applications for NOC to start Fuel Retail Outlets,

notwithstanding the protest of the local people.