Sebastian Chacko vs State Of Kerala
2021 Latest Caselaw 17286 Ker

Citation : 2021 Latest Caselaw 17286 Ker
Judgement Date : 17 August, 2021

Kerala High Court

Sebastian Chacko 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. 17009 OF 2021
PETITIONER:
           SEBASTIAN CHACKO, AGED 51 YEARS
           S/O PAILY, CHACKO, CHIRAYATH HOUSE,
           THOTTUVA, ERNAKULAM.

          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL


RESPONDENTS:
     1     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, ERNAKULAM-683101.

    4     THE ADDITIONAL DISTRICT MAGISTRATE,
          OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
          KUNNAPURAM, ERNAKULAM-682030.

    5     INDIAN OIL CORPORATION LIMITED,
          REPRESENTED BY ITS DEPUTY GENERAL MANAGER,
          GROUND FLOOR, PREMIER PARK,
          INCHAKKAL BYE PASS ROAD, VALLAKKADAVU.P.O,
          THIRUVANANTHAPURAM, PIN-695008.

          BY GP SMT.VINITHA B.


     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. 17009 OF 2021            ..2..



                       JUDGMENT

In this writ petition, the petitioner is challenging

condition No.11 in Ext.P2 'No Objection Certificate (NOC)'

issued by the Additional District Magistrate, Ernakulam under

Rule 144 of the Petroleum Rules, 2002 which provides that

the 'applicant shall also obtain NOC from Public Works

Department (PWD) as per G.O.(Ms)No.46/2019/PWD

22.10.2019'.

2. By G.O.(Ms) No.46/2019/PWD dated 22.10.2019, the

Government of Kerala accorded sanction for including "IRC:

12-2016 Unified Guidelines for Access Permission to Fuel

Stations" in the PWD Manual (Revised 2012) as appendix.

The IRC standards prescribed stringent norms for grant of

Access Permission to Fuel Stations including requirement of

minimum distance from road intersections. While G.O.(Ms)

No.46/2019/PWD dated 22.10.2019 was in force, Ext.P2 NOC

was issued by the Additional District Magistrate, Ernakulam

on 13.01.2020 incorporating the condition that applicant

shall also obtain NOC from Public Works Department (PWD)

as per G.O.(Ms)No.46/2019/PWD 22.10.2019.

WP(C) NO. 17009 OF 2021 ..3..

3. The Government of India issued Notification No.28

effective from 01.12.2019, withdrawing the said IRC:12-2016

Unified Guidelines for Access Permission to Fuel Stations. The

Government of Kerala thereupon prescribed new norms in

substitution of IRC standards for Access Permission to Fuel

Stations, as per G.O.(Ms) No.16/2020/PWD dated 10.02.2020.

In G.O.(Ms) No.16/2020/PWD dated 10.02.2020, it is stated

that G.O.(Ms)No.46/2019/PWD 22.10.2019 stands cancelled.

Later, the Government issued G.O.(Ms)No.67/2020/PWD

16.10.2020 providing for Guidelines for Access Permission to

Fuel Stations along State Highways and Major District Roads.

4. This Court, in a batch of writ petitions (W.P(C)

No.9881/2020 & connected cases), quashed G.O.(Ms)

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

No.67/2020/PWD 16.10.2020 and declared that, insisting on

the condition therein 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 WP(C) NO. 17009 OF 2021 ..4..

Franchisees are therefore allowed with the following orders/directions:

iExt.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 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 WP(C) NO. 17009 OF 2021 ..5..

Orders are dismissed."

5. 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. In the light of the direction

contained in paragraph 54(iii) of the judgment dated

05.08.2021 in W.P(C) No.9881/2020 & connected cases,

condition No.11 in Ext.P2 NOC, which provides that the

'applicant shall also obtain NOC from Public Works

Department (PWD) as per G.O.(Ms)No.46/2019/PWD

22.10.2019' is set aside.

Writ petition is allowed. No order as to costs.

Sd/-