Yoosuf.T vs The State Of Kerala
2023 Latest Caselaw 7342 Ker

Citation : 2023 Latest Caselaw 7342 Ker
Judgement Date : 27 June, 2023

Kerala High Court

Yoosuf.T vs The State Of Kerala on 27 June, 2023

               THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                      WP(C) NO. 20188 OF 2023
PETITIONER/S:

             YOOSUF.T, AGED 48 YEARS
             S/O KUNHABDULLA, KURIKKALKANDY HOUSE - CHENGAROTH,
             PERUVANNAAMOOZHI KOZHIKODE-, PIN - 673528
             BY ADVS.
             R.SUNIL KUMAR
             A.SALINI LAL
RESPONDENTS:

    1        THE STATE OF KERALA
             REP BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC
             WORKS DEPARTMENT GOVERNMENT SECRETARIAT
             THIRUVANANTHAPURAM-, PIN - 695001
    2        KERALA PUBLIC WORKS DEPARTMENT
             REP BY THE PROJECT DIRECTOR KERALA STATE TRANSPORT
             PROJECT JAGAD BUILDINGS, KOWDIAR P.O -
             THIRUVANANTHAPURAM-, PIN - 695003
    3        THE EXECUTIVE ENGINEER
             PWD ROADS DIVISION KOZHIKODE-, PIN - 673002
    4        THE DISTRICT COLLECTOR, KOZHIKODE DIST
             COLLECTORATE, KOZHIKODE-, PIN - 673020
    5        BHARAT PETROLEUM CORPORATION LTD
             5. BHARAT PETROLEUM CORPORATION LTD REP BY ITS
             CHIEF REGIONAL MANAGER 3RD FLOOR, CEEKEY TOWERS
             VANDIPETTA, KANNUR ROAD NADAKKAVU WEST, CALICUT-,
             PIN - 673011
             BY ADV GOVERNMENT PLEADER
             SRI.B.S.SYAMANTAK, GP
             M.GOPIKRISHNA NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).20188/2023                               2



                          P. V. KUNHIKRISHNAN, J.
                       -------------------------------------------
                           W.P(C).No.20188 of 2023
                       -------------------------------------------
                      Dated this the 27th day of June, 2023


                                  JUDGMENT

This writ petition is filed with the following prayers:

(i) To issue as writ of mandamus or any other appropriate writ order or direction directing the 4 th respondent to issue No Objection Certificate to the 5 th respondent without insisting to comply with the norms in IRC-12-2016 and Ext.P4 and P5 government order.

(ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the 4 th respondent to consider Ext.P2 application for No Objection Certificate to the 5th respondent without insisting to comply with the norms in IRC-12-2016 and Exts.P4 and P5 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. The main prayer in this writ petition is to issue direction to

the 4th respondent to issue No Objection Certificate to the 5 th respondent

without insisting to comply with the norms in IRC-12-2016 and Exts.P4

and P5 government orders.

3. Heard the counsel for the petitioner and the learned

Government Pleader.

4. This Court considered the point in detail in a connected Writ

Petition as evident from Ext.P6 and the relevant portion is extracted

hereunder:

"54. In view of 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 2021:KER:30697 WP(C) NO. 5973 OF 2021 & Conn. Cases 32 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."

5. In the light of the above observation, I think the prayer in this

writ petition can be allowed.

Therefore, this writ petition is disposed of directing the 4th

respondent to consider the application for issue of No Objection

Certificate to the 5th respondent, without insisting to comply with the

norms in IRC-12-2016 and Exts.P4 and P5 government orders, 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

Sbna/

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF HE THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 14/7/2020 Exhibit P2 TRUE COPY OF THE APPLICATION DATED 3/1/2023 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 TRUE 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: