Neethu Babu.O vs The State Of Kerala
2022 Latest Caselaw 8167 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                        WP(C) NO. 20323 OF 2022
PETITIONER/S:

           NEETHU BABU.O.,
           AGED 34 YEARS
           W/O ANOOP. M, VALAKAYATHIL HOUSE KAVILUMPRA, 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-
           695001.
    2      KERALA PUBLIC WORKS DEPARTMENT
           REP BY THE PROJECT DIRECTOR KERALA STATE TRANSPORT
           PROJECT JAGAD BUILDINGS, KOWDIAR P.O
           THIRUVANANTHAPURAM-695003.
    3      THE EXECUTIVE ENGINEER,
           PWD ROADS DIVISION KOZHIKODE-673002.
    4      THE DISTRICT COLLECTOR,
           KOZHIKODE DIST COLLECTORATE, KOZHIKODE-673020.
    5      MANGALORE REFINERY AND PETROCHEMICALS LTD.,
           REP BY ITS DIVISIONAL MANAGER KUTHETHOOR P.O, VIA
           KATLPALLA MANGALORE-575030.
OTHER PRESENT:

           GP AMMINIKUTTY K;


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20323 OF 2022
                               2



                       JUDGMENT

Dated this the 1st day of July, 2022

The petitioner has been issued with Exhibit P1 offer

letter by the 5th respondent Oil Manufacturing Company

for conducting a retail petroleum outlet. In accordance

with the procedure prescribed in Rule 144 of the

Petroleum Rules, the 5th respondent has submitted Exhibit

P2 application for obtaining NOC for setting up the outlet.

According to the petitioner, all the authorities, except the

3rd respondent, i.e., the Executive Engineer, PWD (Roads),

Kozhikode, have furnished enquiry reports to the 4 th

respondent. Exhibit P2 application is not processed as the

3rd respondent is yet to file the enquiry report. Learned

Counsel for the petitioner relied on the decision in

Thommachan Jacob v. State of Kerala [2021 (4) KLT

756] to contend that there cannot be any insistence on

production of NOC from the PWD.

2. Learned Government Pleader submitted, on WP(C) NO. 20323 OF 2022

instructions that, the delay in issuance of NOC by the 4 th

respondent is not because of the non receipt of report from

the 3rd respondent. The other statutory authorities are yet

to submit their reports and the application will be

processed on receipt of the reports.

The writ petition is hence disposed of, directing the 4 th

respondent to issue NOC based on Exhibit P2 application

without waiting for the 3rd respondent's recommendation,

provided the reports of the other authorities are in the

applicant's favour. In view of the time limit prescribed in

the Petroleum Rules, the 4th respondent shall call upon the

other authorities to submit their reports at the earliest and

take a decision on Exhibit P2 application within three

weeks of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 20323 OF 2022

APPENDIX OF WP(C) 20323/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 21/3/2022.

Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 06/6/2022.

Exhibit P3 COPY OF THE G.O (M.S) 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(M.S)NO: 67/2020/PWD DATED 16/10/2020.

Exhibit P6 COPY OF THE JUDGMENT OF W.P(C) NO:

4945/2022 DATED 15.02.2022.