Kerala High Court
Muhammed Khan J vs The 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. 17008 OF 2021
PETITIONER:
SMITHA K.P, AGED 40 YEARS
W/O. AJAYAN.U, ULLANAMTHODI HOUSE,
MANALAYA, ANAMANGAD, PERINTHALMANNA, MALAPPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE ADLL.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, MALAPPURAM-676121.
4 THE DISTRICT COLLECTOR,
MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM-676504.
5 BHARAT PERTOLEUM 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, ALONG WITH W.P.(C) NO.17016/2021 AND CONNECTED
CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..2..
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. 17016 OF 2021
PETITIONER:
MUHAMMED KHAN J., AGED 25 YEARS
S/O.JALALUDHEEN, MUHAMMED KHAN MANZIL,
KARALIKONAM, ARKANOOR, KOLLAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENTS:
1 THE STATE OF KERALA
REP.BY THE ADDL. CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 KERALA PUBLIC WORKS DEPARTMENT
REP.BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS,
KOWDIAR P.O., THIRUVANANTHAPURAM 695 003
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, BEACH ROAD, KOLLAM 691 001
4 THE DISTRICT COLLECTOR
KOLLAM DIST, COLLECTORATE, KOLLAM 691 013
5 THE NAYARAN ENERGY LTD.
TERRITORY SALES MANAGER, 6B, 6TH FLOOR,
NOEL FOCUS, SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O., KOCHI 682 037
BY SR.GP SRI.RAJMOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.08.2021, ALONG WITH W.P.(C) NO.17008/2021 AND CONNECTED
CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
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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. 17030 OF 2021
PETITIONER:
MUJEEB RAHMAN P, AGED 46 YEARS
S/O. MUHAMMED KUTTI, PANNIKODAN HOUSE,
KODALIPOYIL, BHOODANAM , MALAPPURAM
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENTS:
1 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-695 003
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, BEACH ROAD, MALAPPURAM-676121
4 THE DISTRICT COLLECTOR,
MALAPPURAM DIST, COLLECTORATE, MALAPPURAM-676 121
5 THE NAYARA ENERGY LTD.,
TERRITORY SALES MANAGER, 6B, 6TH FLOOR,
NOEL FOCUMS, SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O., KOCHI-682 037
BY SR.GP SRI.S.RAJMOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.08.2021, ALONG WITH W.P.(C) NO.17008/2021 AND CONNECTED
CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..4..
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. 17041 OF 2021
PETITIONER:
GOKUL GOPALAKRISHNAN NAIR, AGED 34 YEARS
S/O GOPALAKRISHNAN NAIR,
VENKACHALPARVAM, PADAPPITHOTTAM,
ANAVOOR, THIRIVANANTHAPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDL.CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPOPRT PROJECT, JAGAD BUILDINGS,
KOWDIAR.P.O, THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, THIRUVANANTHAPURAM-695033.
4 THE DISTRICT COLLECTOR,
COLLECTORATE, THIRUVANANTHAPURAM DISTRICT-695035.
5 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER, GROUND
FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU.P.O,THIRUVANANTHAPURAM-695008.
R BY GP SMT.VINITHA B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.08.2021, ALONG WITH W.P.(C) NO.17008/2021 AND CONNECTED
CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
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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. 17045 OF 2021
PETITIONER:
MOHAMMED FAISEL K.T, AGED 24 YEARS
S/O ABDURAHIMAN.K.T, KANNANTHODI HOUSE,
PUNNAKKAD KOLATHUR MOORKKANAD,MALAPPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDL.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, PWD ROADS DIVISION,
BEACH ROAD, PALAKKAD-678001.
4 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT COLLECTORATE, PALAKKAD-678001.
5 INDIAN OIL CORPORATION LTD.
REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN
DIVISIONAL OFFICE, PANAMPILLY AVENUE,
PANAMPILLY NAGAR.P.O, KOCHI-682036.
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..6..
R BY GP SMT. VINITHA B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.08.2021, ALONG WITH W.P.(C)
NO.17008/2021 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..7..
JUDGMENT
In the captioned writ petitions, the challenge is against
non-consideration of the request for 'No Objection Certificate'
by 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 and
G.O.(Ms)No.67/2020/PWD 16.10.2020.
2. When the writ petitions came up for admission today,
it is pointed out by both sides that, 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 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
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..8..
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
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
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
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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. The Judgment in W.P.(C)
No.9881/2020 was followed in W.P(C) No.5973/2021 &
connected cases and this Court by judgment dated
12.08.2021 disposed of those cases in the light of the findings
and conclusions contained in the said Judgment. Therefore,
these writ petitions are also disposed of in the light of the
findings and conclusions contained in paragraph 54 of the
judgment dated 05.08.2021 in W.P(C) No.9881/2020 &
connected cases. Accordingly, there will be a direction in all
the writ petitions to the 4th respondent, to consider Ext.P2
application for the grant of NOC to the 5 th respondent in terms
of paragraph 54 of the judgment dated 05.08.2021 in W.P(C)
No.9881/2020 & connected cases, referred to above. Orders
shall be passed within two months from the date of receipt of
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..10..
copy of this judgment.
The writ petitions are disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
//true copy //
P.A To Judge
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
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APPENDIX OF WP(C) 17008/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 23/2/2019
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT LET
AWARDED TO THE PETITIONER DATED 20/5/2019
Exhibit P3 COPY OF THE G.O.(MS)NO.46/2019/PWD DATED
22/10/19.
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.
(MS)NO.67/2020/PWD DATED 16/10/2020
Exhibit P6 COPY OF THE JUDGMENT OF W.P(C)NO.5973/2021
DTD.12.08.21
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
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APPENDIX OF WP(C) 17016/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 30/11/2019
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT
FOR GETTING NOC TO THE OUT LET AWARDED TO THE
PETITIONER DATED 23/5/2020
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.5973/2021 DT.
12/8/2021
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..13..
APPENDIX OF WP(C) 17030/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFICER LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 21/5/2020
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT
FOR GETTING NOC TO THE OUT LET AWARDED TO THE
PETITIONER DATED 21.5.2020
Exhibit P3 COPY OF THE GO (MS) NO.46/2019/PWD DATED 15.06.2019
Exhibit P4 COPY OF THE GO (MS) NO.16/2020/PWD DATED 10.2.20
Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O(MS) NO.67/2020/PWD
DATED 16.10.2020
Exhibit P6 COPY OF THE JUDGMENT IN WPC NO.5973/2021 DATED
12.8.2021
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..14..
APPENDIX OF WP(C) 17041/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETIITIONER DATED 16/3/2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT
FOR GETTING NOC TO THE OUT LET AWARDED TO THE
PETITIONER DATED 17/4/2019
Exhibit P3 COPY OP THE G.O (M.S) NO:46/2019/PWD DATED 22/10/19
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.5973/2021
DT.12/8/2021.
WP(C) NO. 17008 OF 2021 AND CONNECTED CASES
..15..
APPENDIX OF WP(C) 17045/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 27/1/2020
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT
FOR GETTING NOC TO THE OUT LET AWARDED TO THE
PETITIONER DATED 28/1/2020
Exhibit P3 COPY OF THE G.O.(MS)NO.46/2019/PWD DATED 22/10/19
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(MS)NO.67/2020/PWD
DATED 16/10/2020
Exhibit P6 COPY OF THE JUDGMENT OF W.P(C)NO.5973/2021 DATED
12.08.2021
