Shekeen Imbichi Moidy vs The District Collector
2023 Latest Caselaw 6730 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                         WP(C) NO. 19348 OF 2023
PETITIONER:

              SHEKEEN IMBICHI MOIDY
              AGED 21 YEARS
              S/O IMBICHI MOIDY UTHARADATH PADIKKAL HOUSE NADUVANNUR,
              KOYILANDY TALUK KOZHIKODE DISTRICT, PIN - 673305
              BY ADVS.
              R.SUNIL KUMAR
              A.SALINI LAL


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, CIVIL STATION ROAD KOZHIKODE-, PIN - 673020
     2        RELIANCE BP MOBILITY LIMITED
              REP BY ITS STATE BUSINESS DEVELOPMENT MANAGER 1ST FLOOR,
              CHNADRIKA CHAMBERS, S.A ROAD VYTTILLA JN, COCHIN-, PIN -
              682019
     3        THE KERALA STATE POLLUTION CONTROL BOARD
              REPRESENTED BY ITS CHAIRMAN PATTOM P.O,
              THIRUVANANTHAPURAM-, PIN - 695004
              BY ADVS.
              GOVERNMENT PLEADER
              G.RANJITA
              SHIFANA SHAFEEQ(K/000768/2023)
              SHAIMA .U.(S-1565)

              SRI.B.S.SYAMANTAK, GP, SMT.RANJITHA.G FOR R2,
              SRI.T.NAVEEN, SC FOR R3


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19348 OF 2023
                                             2



                           P.V.KUNHIKRISHNAN, J.
                         =========================
                            W.P.(C) No. 19348 of 2023
                    ===================================
                        Dated this the 20th day of June, 2023
                    =====================================

                                           JUDGMENT

The above writ petition is filed with the following prayers:-

i. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to consider Exhibit P-2 application taking in to consideration Exhibit P-4. ii. Pass such other orders as this Hon'ble court deems fit and proper in the facts and circumstances of the case.

iii. To dispense with the translation of documents in vernacular language. [SIC]

2. Petitioner, for the purpose of starting a retail petroleum outlet, was issued

with Ext.P1 Letter of Intent by the 2nd respondent. It is submitted that after getting

Ext.P1 the 2nd respondent has applied for 'No objection Certificate' before the district

collector as per Ext. P2. But the 1st respondent is not considering the application stating

that there is a Circular issued by the Kerala State Pollution Control Board dated

18.08.2020. It is submitted that in Reliance Industries and others Vs The

Commissioner of Land Revenue and others [2007(2) KHC 346], this court observed WP(C) NO. 19348 OF 2023

that the district authority while considering the application for No Objection Certificate

need not consider it only as per Rule 144 of the petroleum Rules. Hence this writ

petition is filed for issuing a direction to the 1 st respondent to consider Ext.P2

application, without looking in to the Circular issued by the Kerala State State Pollution

Control Board.

3. Heard the learned counsel for the petitioner, learned Government Pleader

for the 1st respondent. I also heard the respective Standing Counsel appearing for

respondent Nos.2 and 3.

4. After hearing both sides and also considering the dictum laid down by this

Court in Reliance Industries (supra) and also considering the fact that in a similar

situation, this Court has passed Ext.P4 judgment, I think the prayer in this Writ petition

can be disposed of with the following directions:-

Accordingly, this Writ petition is disposed of with following directions:

1) The 1st respondent is directed to consider Ext. P-2 application in the light of

Ext. P-4 judgment as expeditiously as possible, at any rate, within 1 month

from the date of receipt of a certified copy of this judgment.

WP(C) NO. 19348 OF 2023

2) The petitioner will produce a certified copy of this judgment along with a

copy of this Writ petition to the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE mus WP(C) NO. 19348 OF 2023

APPENDIX OF WP(C) 19348/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF PETITIONER Exhibit P2 COPY OF THE APPLICATION BEFORE THE DISTRICT COLLECTOR DATED 7/7/2021 Exhibit P3 COPY OF THE CIRCULAR OF THE 3RD RESPONDENT DATED 18/8/2020 Exhibit P4 COPY OF THE JUDGMENT IN W.P(C) NO: 4837/2023 DATED 16/3/2023 Exhibit P5 COPY OF THE CIRCULAR DATED 1/6/23 ISSUED BY THE 3RD RESPONDENT