Kerala High Court
Muneer .V.K vs The State Of Kerala on 14 January, 2022
WP(C) NO. 1351 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 1351 OF 2022
PETITIONER/S:
MUNEER .V.K.,
AGED 32 YEARS
S/O. HASSAN VALIYAKUNNUMMAL , VALIYAKUNNUMMAL HOUSE,
AVADUKKA, KOZHIKODE.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
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, KOZHIKODE 673 002.
4 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT, COLLECTORATE, KOZHIKODE 673 020.
5 BHARAT PETROLEUM CORPORATION LTD,
REP. BY ITS CHIEF REGIONAL MANGER, 3RD FLOOR, CEEKEY TOWERS,
VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT 673 9011.
OTHER PRESENT:
SRI.M.GOPIKRISHNAN NAMBIAR, SC, SRI.P.S.APPU, GP GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1351 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 1351 of 2022
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Dated this the 14th day of January, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i. To issue a writ of mandamus or any other
appropriate writ order or direction directing the 4th
respondent to issue No objection certificate to the 5th
respondent without insisting to comply with the
norms in IRC-12-2016 and Exbt P-4 and P-5
government order.
ii. To issue a writ of mandamus or any other
appropriate writ order or direction directing the 4th
respondent to consider Exbt P-2 application for No
objection certificate to the 5th respondent without
insisting to comply with the norms in IRC-12-2016
and Exbt P-4 and P-5 government order.
iii. Pass such other orders as this Hon'ble court
deems fit and proper in the facts and circumstances
of the case."
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that in a
connected case, the very same issue was raised before this
Court and this Court passed a judgment in W.P.(C.)
No.9881/2020 and connected cases, wherein this Court
quashed the Government Orders dated 10.2.2020 and
16.10.2020 and declared that insisting on a condition to
produce NOC from PWD while granting NOC by the District
Authority is null and void. The direction of this Court are
contained in paragraph No.54 of the above judgment, which is
extracted hereunder :
"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 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."
3. Heard the learned counsel for the petitioner, learned
Government Pleader and the learned Standing Counsel for the
Company.
Exts.P2 and P4 referred in the above judgment are Exts.
P4 and P5. In the light of the above judgment, this writ petition
also can be disposed in the following manner :
1) There will be a direction to the 4th respondent to consider
the grant of NOC to the petitioner's proposed fuel station
in terms of paragraph No.54 of the judgment dated
5.8.2021 in W.P.(C.) No. 9881/2020 and connected cases
2) The orders as directed above shall be passed by the 4 th
respondent 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
JUDGE
SKS
APPENDIX OF WP(C) 1351/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED
21/3/2020.
Exhibit P2 COPY OF THE APPLICATION FIELD BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT LET
AWARDED TO THE PETITIONER DATED 21/8/2020.
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
10/02/20.
Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(M.S.)
NO. 67/2020/PWD DATED 16/10/2020.
Exhibit P6 COPY OF THE JUDGMENT OF WPC NO. 23122/2021
DATED 26/10/21.
