Dileep Kumar K vs The Additional District ...
2021 Latest Caselaw 20831 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                   WP(C) NO. 20099 OF 2021
PETITIONERS:

    1     DILEEP KUMAR K
          AGED 40 YEARS
          S/O.GOPALAN, KOTTAPARAMBATH HOUSE, KANNIPARAMBA
          P.O., MAVOOR, KOZHIKODE-673 661

    2     ZUHRA,
          W/O. ABOOBACKER SIDHIQ, KARANATH HOUSE, CHEEKKODE
          P.O., MALAPPURAM DISTRICT,PIN-673 640

          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          JENNIS STEPHEN
          KARTHIKA MARIA
          ANIL SEBASTIAN PULICKEL
          JAISY ELZA JOE

RESPONDENTS:

    1     THE ADDITIONAL DISTRICT MAGISTRATE
          OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
          CIVIL STATION, MALAPPURAM DISTRICT-676 505

    2     INDIAN OIL CORPORATION LIMITED,
          KOZHIKODE DIVISIONAL OFFICE, 11ND FLOOR,
          P.M.K.TOWERS, CIVIL STATION POST, WAYANAD ROAD,
          KOZHIKODE-673 020, REPRESENTED BY CHIEF DIVISIONAL
          RETAIL SALES MANAGER

    3     THE REVENUE DIVISIONAL OFFICER,
          TIRUR ,KONDOTTY TALUK, MALAPPURAM DISTRICT, PIN-
          676 101

    4     THE TAHSILDAR (LAND RECORDS)
          KONDOTTY TALUK OFFICE, KONDOTTY P.O., MALAPPURAM
          DISTRICT-673 638
 W.P.(C).No.20099/2021

                             2


    5      THE VILLAGE OFFICER,
           CHEEKODE , KONDOTTY TALUK, MALAPURAM
           DISTRICT,PIN-673 645

    6      MUHAMMED .K.P.,
           AGED 62 YEARS
           S/O.IBRAHIM, PARAKKOLIL HOUSE, EDASSERIKADAVU,
           CHEEKKODE P.O, MALAPPURAM DISTRICT,PIN-673 645

           BY ADV K.RAKESH
           ADV.K.M.RASHMI, SR.GOVT. PLEADER


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20099/2021

                                     3




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.20099 of 2021
             ----------------------------------------------
           Dated this the 06th day of October, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ order or direction, commanding the 1st respondent to take a decision on the application submitted for issuance of the NOC under Rule 144 of the Petroleum Rules 2002 in the light of the fact that the land in question in block No. 16 in resurvey No. 230/2, 3 in Cheekode Village in Kondotty Taluk in Malappuram District is included as purayidom in the Basic Tax Register in the light of Exhibit P8 Tandaper Extract, P9 tax receipt, P16 and P17 reports.

ii. To issue such other appropriate writ order or direction which this Hon'ble Court may deem fit and just under the circumstances of the case.

2. Grievance of the petitioners is that even though the

2nd respondent submitted Ext.P4 application before the 1 st

respondent in accordance to Rule 144 of the Petroleum Rules

as early as on 30.10.2020, the 1 st respondent has not W.P.(C).No.20099/2021

considered the same and passed orders. The grievance of the

petitioners is that the indefinite delay in considering the

application created problems to the petitioners in starting the

retail outlet.

3. Heard the counsel for the petitioners, Government

Pleader, Standing Counsel for the 2 nd respondent and the

counsel for the 6th respondent.

4. Since the limited prayer of the petitioners is only to

issue directions to consider Ext.P4 application within a time

limit by the 1st respondent, I think that prayer can be allowed,

without making any observation on merit.

Therefore, this writ petition is disposed in the following

manner:

The 1st respondent is directed to consider

Ext.P4 application for No Objection Certificate

under Rule 144 of the Petroleum Rules, as

expeditiously as possible, at any rate, within

one month from the date of receipt of a copy of

this judgment.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20099/2021

APPENDIX OF WP(C) 20099/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO TH E 1ST PETITIONER ON 24.08.2016 BY THE TAHSILDAR, KOZHIKODE TALUK OFFICE Exhibit P2 TRUE COPY OF THE AFFIDAVIT EXECUTED BY 2ND PETITIONER DATED 19.12.2018 Exhibit P3 TRUE COPY OF THE LETTER OF INTENT DATED 20.2.2020 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 30.10.2020 SUBMITTED BY THE 2ND RESPONDENT TO THE DISTRICT COLLECTOR, MALAPPURAM Exhibit P5 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 15.09.2020 OBTAINED FROM THE POLLUTION CONTROL BOARD BY 2ND PETITIONER Exhibit P5A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 25.5.2020 ISSUED BY THE REGIONAL FIRE OFFICER, PALAKKAD Exhibit P6 TRUE COPY OF THE BUILDING PERMIT DATED 23.02.2021 ISSUED BY CHEEKKODE GRAMA PANCHAYAT TO THE 2ND PETITIONER Exhibit P7 TRUE COPY OF THE PRIOR APPROVAL DATED 8.1.2021 ISSUED BY TE PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION (PESO TO THE INDIAN OIL CORPROATION Exhibit P8 TRUE COPY OF THE BTR EXTRACT ISSUED BY THE VILLAGE OFFICER, CHEEKODE VILLAGE IN RELATION TO 0.4560 HECTARES OF LAND SITUATED IN RESURVEY NO.230/3 COVERED BY THANDAPER NO.2086 Exhibit P9 TRUE COPY OF LATEST TAX RECEIPT DATED 16.4.2021 ISSUED BY THE VILLAGE OFFICE, CHEEKKODE Exhibit P10 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHEEKKODE ON 3.2.2021 W.P.(C).No.20099/2021

Exhibit P11 TRUE COPY OF THE NOTIFICATION -G.O(P) NO.47/2020/TAXES, DATED 31.03.2020 PUBLISHED IN THE KERALA GAZETTE ON 3.4.2020 Exhibit P12 TRUE COPY OF THE CERTIFICATE DATED 27.4.2021 ISSUED BY THE PRESIDENT OF THE CHEEKKODE GRAMA PANCHAYATH Exhibit P13 TRUE COPY OF THE ORDER DATED 28.5.2021 ISSUED BY THE R.D.O.

Exhibit P14 TRUE COPY OF THE CORRECTION NOTIFICATION PUBLISHED ON 15.7.2021 IN THE KERALA GAZETTE BY THE CHEEKKODE GRAMA PANCHAYAT Exhibit P15 TRUE COPY APPLICATION FILED BY THE 2ND PETITIONER RESPONDENT INFORM 6A UNDER RULE 12(1) Exhibit P16 TRUE COPY OF THE REPORT DT 23.6.20201 SUBMITTED BY THE VILLAGE OFFICER TO THE RDO Exhibit P17 TRUE COPY OF THE REPORT DATED 1.9.2021 SUBMITTED BY THE TAHSILDAR (LAND RECODRS) KONDOTTY TO THE ADM