Swapna Thomas vs The District Collector
2024 Latest Caselaw 29594 Ker

Kerala High Court

Swapna Thomas vs The District Collector on 17 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:77807

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                       WP(C) NO. 35624 OF 2024

PETITIONER:

          SWAPNA THOMAS
          AGED 47 YEARS
          W/O THOMAS JOSE PALLAN, RESIDING AT PALLAN'S VILLA,
          ENRA-3, MANAKODAM ROAD, ELAMAKKARA, KOCHI, KERALA,, PIN
          - 682026


          BY ADVS.
          ARUN SAMUEL
          JITHIN BABU A
          ANOOD JALAL K.J.




RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM
          DISTRICT, KERALA,, PIN - 682030

    2     THE TAHSILDAR,
          KANAYANNUR TALUK, PARK AVENUE, NEAR SUBASH PARK, KOCHI,
          KERALA,, PIN - 682011

    3     THE VILLAGE OFFICER
          EDAPPALLY SOUTH VILLAGE, VENNALA, KOCHI, KERALA,, PIN -
          686028

    4     BHARAT PETROLEUM CORPORATION LTD
          REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
          BHARAT BHAVAN, 4 AND 6 CURRIMBHOY ROAD, BALLARD ESTATE,
          MUMBAI, MAHARASHTRA,, PIN - 400001
                                                     2024:KER:77807


WP(C)No.35624 of 2024

                                  2


      5       THE CHAIRMAN AND MANAGING DIRECTOR
              BHARAT PETROLEUM CORPORATION LTD., BHARAT BHAVAN, 4
              AND 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI,
              MAHARASHTRA,, PIN - 400001

      6       THE TERRITORY MANAGER (RETAIL)
              BHARAT PETROLEUM CORPORATION LTD., AMBALAMUGAL,
              ERNAKULAM DISTRICT, KERALA,, PIN - 682302

      7       ADDITIONAL DISTRICT MAGISTRATE,
              ERNAKULAM.
              (SOU MOTU IMPLEADED AS THE ADDITIONAL 7TH RESPONDENT)

              BY ADVS.
              Gopikrishnan Nambiar M
              K.JOHN MATHAI(K/413/1984)
              JOSON MANAVALAN(J-526)
              KURYAN THOMAS(K/131/2003)
              PAULOSE C. ABRAHAM(MAH/58/2006)
              RAJA KANNAN(K/356/2008)
              NAYANPALLY RAMOLA(K/687-F/2014)


              SRI.SUNILKUMAR, SR. GP,
              SRI.M.GOPIKRISHNAN NAMBIAR, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2024:KER:77807


WP(C)No.35624 of 2024

                                           3


                                   JUDGMENT

Dated this the 17th day of October, 2024

The petitioner is aggrieved by the proposal

to grant No Objection Certificate (NOC) for opening a

retail petroleum outlet by the BPCL on the route from

Kaloor Junction to Ponekkara in Kochi City. Voicing her

grievance, the petitioner has submitted Exhibit P9

representation. This writ petition is filed voicing an

apprehension that the NOC would be issued without

considering the petitioner's objection.

2. When this matter is taken up for

consideration, learned Government Pleader pointed

out that Exhibit P9 representation ought to be

submitted before the Additional District Magistrate,

who is the competent authority to decide applications 2024:KER:77807

under Rule 144 of the Petroleum Rules, 2002. It is

also submitted that, as on date, reports from the Fire

and Rescue Services, as also the Revenue and Police

authorities are not received. Once the reports are

received, the Additional District Magistrate will hear the

petitioner before taking a decision on the application

for NOC submitted by the 4th respondent.

The writ petition is accordingly disposed of,

directing the Additional District Magistrate, Ernakulam

to hear the petitioner before passing final orders on

the application for NOC submitted by the 4 th

respondent.

Sd/-

V.G.ARUN

JUDGE SSK/17/10 2024:KER:77807

APPENDIX OF WP(C) 35624/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19/12/2023 OF THE LAND ISSUED BY THE 3RD RESPONDENT TO LAKSHMI V. L. Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19/12/2023 OF THE LAND ISSUED BY THE 3RD RESPONDENT TO ARUN HARI Exhibit P3 A TRUE COPY OF THE TAX RECEIPT DATED 19/04/2024 AS REGARDS THE LAND ISSUED BY THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 09/05/2024 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 1ST RESPONDENT FOR OBTAINING THE NOC UNDER THE RULES Exhibit P5 A TRUE COPY OF THE REPORT DATED 31/07/2024 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 04/07/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 A TRUE COPY OF THE POSTAL RECEIPT DATED 06/07/2024 AS REGARDS EXT. P6 Exhibit P8 A TRUE COPY OF THE GUIDELINES DATED 07/01/2020 ISSUED BY THE CPCB

Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 07/10/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P10 A TRUE COPY OF THE POSTAL RECEIPT DATED 07/10/2024 AS REGARDS EXT.P9

RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE