Kerala High Court
Sumithra Krishnan vs The District Collector 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. 17058 OF 2021
PETITIONER:
SUMITHRA KRISHNAN, AGED 33 YEARS
W/O. SURESH, 136/7 ANNA NAGAR MELTHALAYATTIMUND,
UDHAGAMANDALAM NILIGIRI, TAMIL NADU.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
KANNUR DISTRICT COLLECTORATE, KANNUR-670002.
2 THE ADDITIONAL DISTRICT MAGISTRATE
KANNUR DISTRICT, COLLECTORATE, KANNUR-670 002.
3 HINDUSTAN PETROLEUM CORPORATION LTD.
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
KOZHIKODE RETAIL REGIONAL OFFICE,
WEST HILL CHUNGAM, KOZHIKODE P.O., 673 005.
4 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, KANNUR-670 002.
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. 17058 OF 2021 ..2..
JUDGMENT
The petitioner has filed this writ petition aggrieved by
the non-consideration of Ext.P2 application for 'No Objection
Certificate (NOC)' submitted by the 3rd respondent Oil
Marketing Company for establishment of a petroleum retail
outlet, by the 1st respondent District Collector, the authority
under Rule 144 of the Petroleum Rules, 2002 on the basis of
objections raised by the neighbours and for want of their
consent. The petitioner therefore prays for direction to the
1st respondent to issue NOC to the petitioner's site
notwithstanding objection of the neighbours and
notwithstanding the pendency of O.S. No.408/2019 before
the Munsiff Court, Thalassery.
2. The petitioner relies on Exts.P4, P5 and P6
judgments wherein this Court has held that the consent of
neighbouring property owners is not required for grant of
NOC and that the District Collector is legally bound to
WP(C) NO. 17058 OF 2021 ..3..
consider applications for NOC to start Fuel Retail Outlets,
notwithstanding the protest of the local people.
3. In O.S.No.408/2019 before the Munsiff Court,
Thalassery, the plaintiffs therein have prayed for declaration
that the proposed site is not a fit place to commence a
petroleum outlet and for perpetual prohibitory injunction
restraining the defendants 1 and 2 therein from
commencing the petroleum outlet in the plaint schedule
property. The 2nd defendant therein is the 3rd respondent
herein who has submitted Ext. P2 application for NOC for
establishment of petroleum retail outlet.
4. Heard the learned Counsel for the petitioner, the
learned Government Pleader and the Standing Counsel for
the 3rd respondent.
5. In the facts and circumstance of the case there will
be a direction to the 1st respondent, to consider Ext.P2
application for the grant of NOC in the light of Exts.P4, P5
and P6 judgments and in accordance with law. Orders shall
be passed within two months from the date of receipt of
WP(C) NO. 17058 OF 2021 ..4..
copy of this judgment. Needless to say, orders, if any, in O.S.
No.408/2019 before the Munsiff Court, Thalassery, shall be
adhered to.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
//true copy//
P.A To Judge
WP(C) NO. 17058 OF 2021 ..5..
APPENDIX OF WP(C) 17058/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER DATED 29.7.19.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT
FOR GETTING NOC TO THE OUT LET AWARDED TO THE
PETITIONER DATED 2.8.19.
Exhibit P3 COPY OF THE PLAINT IN O.S.NO.408/19 OF THE MUNSIFF'S
COURT, THALASSERY.
Exhibit P4 COPY OF THE JUDGMENT IN WPC NO.30818/2015 DATED
13.10.15.
Exhibit P5 COPY OF THE JUDGMENT IN WPC NO.9081/2017 DATED
30.5.2007.
Exhibit P6 COPY OF THE JUDGMENT IN WPC NO.19140/20 DATED
23.9.2020.
