Kerala High Court
T.S. Venkitasubramanian @ Babu vs State Of Kerala on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 17057 OF 2022
PETITIONERS:
1 T.S. VENKITASUBRAMANIAN @ BABU
AGED 55 YEARS, S/O. SUBRAMANIAN,
DWARAKA ESTATE, OONIVAYAL,
KALPETTA P.O, WAYANAD, PIN - 673121
2 M/S. NAYARA ENERGY LIMITED
6B, 6TH FLOOR, NOEL FOCUS, SEAPORT-AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O, COCHIN 682037
REPRESENTED BY ITS DIVISIONAL MANAGER.
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SRI.LEO LUKOSE
SMT.SUZANNE KURIAN
SRI/SMT.CIMIL CHERIAN KOTTALIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, NORTH KALPETTA P.O,
WAYANAD, PIN - 673122
3 VILLAGE OFFICER
VILLAGE OFFICE, KRISHNAGIRI,
WAYANAD, PIN - 673593
SMT.DEEPA V. SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17057 OF 2022
2
T.R. RAVI, J.
--------------------------------------------
W. P. (C). No. 17057 of 2022
--------------------------------------------
Dated this the 7th day of October, 2022
JUDGMENT
The prayer in this writ petition is to quash Ext.P5 and direct
the 2nd respondent to grant NOC to the 2 nd petitioner for
establishing a petroleum retail outlet. In Ext.P5, the request made
by the petitioners has been rejected stating that the property
where they intend to start the unit is an assigned land where such
activity is not permissible. The contention of the petitioners is that
the assignment was under Rule 24 and as per the conditions which
have been prescribed in Ext.P3, there is no restriction for user of
the property for setting up of a petroleum retail outlet. Ext.P3
does not state anywhere that the purpose of the assignment is for
agricultural activities or such other activities.
2. A statement has been filed on behalf of the 2nd
respondent wherein it is admitted that assignment is under Rule
24. Ext.P5 is sought to be justified stating that even though Rule
24 has been invoked, the assignment is subject to other
assignment conditions. The other assignment conditions have not
WP(C) NO. 17057 OF 2022
been elaborated in the statement. However, the assignment
conditions cannot be different from what is stated in Ext.P3
wherein there is no restriction for the user of the property for
setting up of a petroleum retail outlet. A feeble attempt is made
to state that the assignment was purely for agricultural purposes.
The said statement is also not justified in view of the content of
Ext.P3. In the above circumstances, the reasons stated in Ext.P5
for rejecting the request made by the petitioners cannot be
sustained.
The writ petition is allowed. Ext.P5 is quashed. There will be
a direction to the 2nd respondent to consider the request of the 2 nd
petitioner for an NOC for establishing a petroleum retail outlet and
pass necessary orders within three weeks from the date of receipt
of a certified copy of this judgment. The fact that the property is
an assigned land shall not be a reason for rejecting the request for
the NOC.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 17057 OF 2022
APPENDIX OF WP(C) 17057/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 22.02.2022 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P1(a) TRUE COPY OF THE TAX RECEIPT DATED
09.08.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER DATED 23.08.1995
BEARING NO. G.O.MS.NO. 419/95/RD ISSUED
BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE PATTA DATED 30.07.1997
BEARING NO. LA.28/85 KGRI ISSUED BY THE
TAHSILDHAR, SULTHAN BATHERY.
Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED
11.01.2021 BEARING NO. 51/2021 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER DATED 29.03.2022
BEARING NO.DCWYD/66/2021-M1 ISSUED BY THE
2ND RESPONDENT.
