Kerala High Court
Sajitha N.K vs The Executive Engineer on 16 July, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:52353
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 10802 OF 2025
PETITIONER:
SAJITHA N.K.
AGED 44 YEARS
D/O.ABDUL KAREEM N.K.,
NALAKATH KALRIKKAL HOUSE,
THAZHATHANGADI, AREACODE P.O.,
MALAPPURAM DISTRICT, PIN - 673639
BY ADVS.
SRI.BABU S. NAIR
SMT.SMITHA BABU
RESPONDENTS:
1 THE EXECUTIVE ENGINEER
KERALA STATE TRANSPORT PROJECT DIVISION,
PUBLIC WORKS DEPARTMENT, KUTTIPURAM,
MALAPPURAM DISTRICT, PIN - 679571
2 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS),
DIVISIONAL OFFICE, MANJERI,
MALAPPURAM DISTRICT, PIN - 676121
* ADDL.3 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTRATE, COLLECTORATE ROAD, UP HILL,
MALAPPURAM, KERALA 676505
(ADDITIONAL 3RD RESPONDENT IS SUO MOTU IMPLEADED VIDE
ORDER DATED 02-04-2025 IN WP(C)NO.10802/2025)
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W.P.(C) No.10802/2025
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BY ADVS.
SHRI.B.ASHOK KUMAR, SC, KERALA STATE TRANSPORT
PROJECT (KSTP)
SMT. AMMINIKUTTY, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON 16.07.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.10802/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.10802 of 2025
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Dated this the 16th day of July, 2025
JUDGMENT
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The petitioner, who has been allotted with a
petroleum retail outlet by the Indian Oil Corporation Limited,
seeks to quash Ext.P8 and to command the 1st respondent to
remove the barricade separating the public road and the
properties of the petitioner to have complete access to the
properties of the petitioner where the petroleum retail outlet is
being established.
2. To establish the retail petroleum outlet in
Areacode Village in Ernad Taluk in Malappuram District, the
Indian Oil Corporation Limited sought NOC. The District Fire
Officer has given Ext.P2 consent. The District Supply Officer
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has issued Ext.P3 consent. The District Town Planner issued
Ext.P4 permission. On the basis of various Consents and
Permits, the Additional District Magistrate issued Ext.P5
Consolidated Consent for establishing the petroleum retail
outlet. Ext.P6 NOC was also issued under the petroleum
rules.
3. The petitioner states that he had applied for
getting a NOC from the Executive Engineer, PWD (Roads)
under whose jurisdiction the Areacode - Mukkom road
situates, where the petroleum retail outlet is being
established. The 2nd respondent-Executive Engineer
informed the ADM that no consent is required from PWD.
When the petitioner started construction of the petroleum
outlet, there were barricades in front of the plot where the
outlet is being established, which separated the road from the
footpath.
4. The petitioner therefore submitted
application to remove the barricades in front of the plot to
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have vehicular ingress and egress to the petroleum retail
outlet. The 1st respondent-Executive Engineer, however,
rejected the application as per Ext.P8 stating that for security
reasons, the barricades in front of the plot cannot be
removed. The petitioner states that refusing to remove the
barricades in front of the proposed outlet is per se illegal and
arbitrary. The petitioner therefore seeks to set aside Ext.P8.
8. The 1st respondent filed a counter affidavit.
The 1st respondent stated that the State Highway Koyilandy -
Edavanna road from Eranjimavu to Edavanna is being
upgraded as per Government Orders. The Kerala State
Transport Projects is executing the works having aid from
World Bank and other external funding agencies. A contract
was executed and the work was completed in all respects.
The work was executed as a climate resilient structure and
provisions for safety of commuters were given prime
importance in the project.
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9. The barricades were necessary for safety of
pedestrians. The petitioner has been given 5 metres access
to his plot. When the petitioner made a request for wider
access, a site inspection was conducted. It was noticed that
the proposed outlet is situated on a sharp curve on both sides
and the visibility of the motorists is obstructed. If hand rails
are removed, the pedestrians can directly access the road.
As the visibility of the motorists is obstructed by the curved
road, the safety of the pedestrians will be at risk.
10. The 1st respondent further pointed out that
as per Government of India Order dated 26.06.2020, a
petroleum outlet shall not be permitted in the curved portion
of the road. The writ petition is devoid of any merit and is
liable to be dismissed, urged the 1st respondent.
11. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
the respondents 2 and 3. I have also heard the learned
Standing Counsel appearing for the 1st respondent.
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12. The petitioner proposed to start a petroleum
retail outlet of the Indian Oil Corporation Limited. Necessary
applications were made for NOC/Permit before various
statutory authorities. The District Fire Officer has issued
Ex.P2 Consent dated 16.05.2024. The District Supply Officer
has issued Ext.P3 Consent dated 21.05.2024. The District
Town Planner has also granted permission as per Ext.P4
letter dated 19.08.2024. The Additional District Magistrate
has issued Ext.P5 Consolidated Consent for the
establishment of petroleum retail outlet. Ext.P6 is the NOC
issued by the ADM.
13. The petitioner requires sufficient access to
the land where the retail petroleum outlet is being
established. Due to the barricades erected on the footpath
between the public road and the land, access to the land is
restricted. Only 5 metre wide access is given to the plot.
Five metres width is quite insufficient as far as access to
petrol pump is concerned. Separate access for ingress and
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egress to the fuel station is necessary.
14. It is true that the retail petroleum outlet is
situated near a curve on the public road which is evident from
Ext.R1(a). At the same time, it is stated that there is a traffic
median in front of the plot of the petroleum retail outlet.
Therefore, if only a 5 metre access is granted to the retail
petroleum outlet, drivers of larger vehicles coming out of the
petroleum retail outlet will find it difficult to manipulate the
vehicle and there is every reason for frequent occurrence of
traffic blocks.
15. If the curve of the road is so dangerous that
petroleum retail outlet is inadvisable, then the statutory
authorities ought to have rejected permission/NOC. After
granting all statutory permissions and clearances to the
petitioner, the authorities will not be justified in denying
sufficient access to the proposed retail petroleum outlet for
vehicular ingress and egress.
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16. Ext.P8 is therefore quashed. The
respondents are directed to remove the barricades so as to
give separate ingress and egress points of sufficient width for
the petroleum retail outlet.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/14.07.2025
2025:KER:52353
APPENDIX OF WP(C) 10802/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF INTEND
ISSUED BY THE INDIAN OIL CORPORATION
LIMITED, DIVISIONAL OFFICE, KOZHIKKODE
DATED, 24-2-2024
Exhibit P2 A TRUE COPY OF THE CONSENT ISSUED BY
THE DISTRICT FIRE OFFICER DATED, 16-5-
Exhibit P3 A TRUE COPY OF THE CONSENT ISSUED BY
THE DISTRICT SUPPLY OFFICER,
MALAPPURAM DATED, 21-5-2024
Exhibit P4 A TRUE COPY OF THE PERMISSION ISSUED
BY THE DISTRICT TOWN PLANNER,
MALAPPURAM DATED, 19-8-2024
Exhibit P5 A TRUE COPY OF THE PROCEEDINGS DATED,
26-9-2024 OF THE A.D.M., MALAPPURAM
Exhibit P6 A TRUE COPY OF THE NO-OBJECTION ISSUED
BY THE A.D.M., MALAPPURAM UNDER THE
PETROLEUM RULES DATED, 26-9-2024
Exhibit P7 A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 2ND RESPONDENT TO THE
ADDITIONAL DISTRICT MAGISTRATE,
MALAPPURAM DATED, 20-6-2024
Exhibit P8 A TRUE COPY OF THE ORDER OF THE FIRST
RESPONDENT DATED, 13-3-2025 AS
NO.KSTP/QLD-EDV/124/2020
RESPONDENT'S EXHIBITS
Exhibit R1A A true copy of the Photograph of the
site
Exhibit R1B A true Copy of Guidelines/Norms for
Grant of Permission for construction
of access to Fuel Stations etc Dated
26/06/2020
