Shamnas K.V vs The State Of Kerala
2022 Latest Caselaw 573 Ker

Citation : 2022 Latest Caselaw 573 Ker
Judgement Date : 14 January, 2022

Kerala High Court

Shamnas K.V vs The State Of Kerala on 14 January, 2022

WP(C) NO. 1342 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. 1342 OF 2022
PETITIONER/S:
           SHAMNAS K.V
           AGED 31 YEARS, S/O SALEEM AP, X 625 A, AL RASS
           VALIYA PARAMBATH, NALUTHARA, PALLOOR MAHE

               BY ADVS.
               R.SUNIL KUMAR
               A.SALINI LAL


RESPONDENT/S:

       1       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 DIST, COLLECTORATE, KOZHIKODE-673 020

       5       BHARAT PETROLEUM CORPORATION LTD. REP BY ITS CHIEF
               REGIONAL MANAGER 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA,
               KANNUR ROAD, NADAKKAVU WEST, CALICUT 673 9011


OTHER PRESENT:
          SRI.M.GOPIKRISHNAN NAMBIAR, SC, SR.ISHAMEER.P.M, 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. 1342 OF 2022                  2


                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 1342 of 2022
                     --------------------------------------
               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 4 th 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.