Aniziya C Francis vs The District Collector
2021 Latest Caselaw 21964 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
                     WP(C) NO. 24092 OF 2021


PETITIONER:

         ANIZIYA C FRANCIS, AGED 32 YEARS,
         W/O. JOMON P.K., PATHIPALLIL HOUSE,
         THAVINJAL, VIMALA NAGAR POST,
         MANATHAVADI, WAYANAD.

         BY ADVS.
         R.SUNIL KUMAR
         A.SALINI LAL


RESPONDENTS:

    1    THE DISTRICT COLLECTOR ,
         WAYANAD DIST., COLLECTORATE,
         WAYANAD, KALPETTA-673 122.

    2    THE ADDITIONAL DISTICT MAGISTRATE,
         COLLECTORATE, WAYANAD, KALPETTA-673 122.

    3    INDIAN OIL CORPORATION LIMITED,
         REP. BY CHIEF REGIONAL MANAGER,
         KOZHIKODE DIVISIONAL OFFICE,
         11ND FLOOR, P.M.K TOWERS,
         CIVIL STATION POST, WAYANAD ROAD,
         KOZHIKODE-673 020 .

         SMT.VINITHA B., SR.G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.24092/2021

                               2




                         JUDGMENT

Dated this the 3rd day of November, 2021

The petitioner who proposed to start a Fuel Station as

a franchisee of the 3rd respondent, has filed this writ petition

seeking to direct the 1st respondent to issue NOC to the

petitioner's Fuel Station site notwithstanding the objections

of the neighbours, within two weeks.

2. The petitioner states that she is proposing to start

a retail petroleum outlet pursuant to Ext.P1 letter of intent.

The 3rd respondent has submitted an application to the 1 st

respondent for grant of NOC under Rule 144 of the

Petroleum Rules. The petitioner would submit that since

certain local people are objecting to the starting of the

petroleum pump at the said location, the 1st respondent is

not issuing NOC.

WP(C)No.24092/2021

3. I have heard the learned counsel for the

petitioner, the learned Government Pleader representing

respondents 1 and 2 and the learned Standing Counsel for

the 3rd respondent.

4. Going by Ext.P3 judgment in WP(C)No.

19140/2020, it is seen that this Court has considered the

issue involved and has disposed of the said writ petition as

per Ext.P3 judgment. In such circumstances, this Court

finds that the present writ petition also can be disposed of

on the same lines.

Accordingly, the writ petition is disposed of directing

the 1st respondent to consider Ext.P2 application for NOC

submitted by the 3rd respondent within a period of one

month and grant NOC to the petitioner, if the 3 rd respondent

is otherwise eligible.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)No.24092/2021

APPENDIX OF WP(C) 24092/2021

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26.7.2019 AND 22.3.2021 Exhibit P2 COPY OF THE APPLICATION FILED BY THE 3RD RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 28.6.2021 Exhibit P3 COPY OF THE JUDGMENT IN WPC NO 19140/20 DATED 23.9.2020