Lamina A.K vs The State Of Kerala
2022 Latest Caselaw 3892 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
                  WP(C) NO. 12269 OF 2022
PETITIONER:
          LAMINA A.K., AGED 42 YEARS,
          W/O.MANOJ KUMAR, THEJUS HEMA NILAYAM,
          NEAR ASHRAMAM ROAD, KURUMATHUR POST, KANNUR.

         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,
         WAYANAD - 670 645.

    4    THE DISTRICT COLLECTOR, WAYANAD DIST.,
         COLLECTORATE, WAYANAD - 670 645.

    5    MANGALORE REFINERY AND PETROCHEMICALS LTD.
         REP. BY ITS DIVISIONAL MANAGER
         KTHETHOOR P.O., VIA KALPETTA,
         MANGALORE 575030.

         SRI.APPU P.S., G.P.
         SRI. M.A. ABDUL HAKHIM - R5

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.12269/2022

                                2



                          JUDGMENT

Dated this the 5th day of April, 2022

The petitioner wanted to start a retail petroleum outlet.

The 5th respondent issued Ext.P1 Letter of Intent. After

obtaining necessary licences, the 5 th respondent submitted

Ext.P2 application for NOC under Rule 144 of the

Petroleum Rules, 2002, to the 4th respondent. Ext.P2 was

submitted on 24.03.2022.

2. The grievance of the petitioner is that the 4 th

respondent is likely to reject the application of the petitioner

on the premises that the site of the retail petroleum outlet

does not satisfy IRC norms. Therefore, unless this Court

issues appropriate directions, the petitioner will be put to

untold hardship and loss.

3. I have heard the learned counsel for the

petitioner, the learned Government Pleader representing

respondents 1 to 4 and the learned Standing Counsel for WP(C) No.12269/2022

the 5th respondent.

4. This Court has considered the applicability of

IRC/MoRTH norms to the proposed fuel station being

established in WP(C) No.4945/2022, this Court held as

follows:

"54. In view of the 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 (MDR) 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 WP(C) No.12269/2022

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, 35334/2019, 35036/2019, 33640/2019, 29361/2019 and 68/2021 which are filed challenging grant of NOC ignoring Exts.P2 and P4 Government Orders are dismissed."

Exhibits P2 and P4 referred to in the above said directions

are the Government Orders at Exts.P4 and P5 herein. In

view of the above, the 4th respondent has to consider the

application for NOC in the light of Ext.P6 judgment of this

Court.

In view of the above, the writ petition is disposed of

directing the respondents to take a decision on the

application for NOC submitted by the 5 th respondent taking

into consideration Ext.P6 judgment of this Court within a

period of two months.

Sd/-

N. NAGARESH JUDGE ncd/06.04.2022 WP(C) No.12269/2022

APPENDIX OF WP(C) 12269/2022

PETITIONER'S EXHIBITS

Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 03/03/2022.

Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 24/03/2022.

Exhibit P3 COPY OF THE G.O.(MS) 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.

(MS) NO.67/2020/PWD DATED 16/10/2020. Exhibit P6 COPY OF THE JUDGMENT OF WP(C) NO.4945/2022 DATED 15/2/2022.