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Kerala High Court
Shijimon K J vs Union Of India on 12 February, 2026
WP(C) NO.21357 OF 2024
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2026:KER:12702
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
WP(C) NO. 21357 OF 2024
PETITIONERS:
SHIJIMON K J, AGED 58 YEARS
S/O KRISHNAN, NEDIYAMATTOM HOUSE, ARPOOKARA KARA, ARPOOKARA,
KOTTAYAM, PIN - 686008
BY ADVS.
SRI.ANANTHAKRISHNAN A. KARTHA
SRI.ANIL D.KARTHA
SHRI.SURESH G.
SHRI.SHARATH ELDO PHILIP
SHRI.SREEKUMAR G.
SHRI.ANANTHASANKAR A. KARTHA
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAVAN, NEW
DELHI, PIN - 110001
2 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF
CIVIL SUPPLIES AND CONSUMER AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN - 686001
4 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, KOTTAYAM, PIN - 686001
5 CENTRAL POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PARIVESH BHAWAN, EAST ARJUN
NAGAR, DELHI, PIN - 110032
6 STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN,
HEAD OFFICE, PATTOM PO, THIRUVANANTHAPURAM, KERALA,
PIN - 695004
WP(C) NO.21357 OF 2024
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7 THE JOINT CHIEF CONTROLLER OF EXPLOSIVES
A AND D WING, BLOCK 1-8 SHASTRIBHAVAN, NO. 26, HADDOWS ROAD,
NUNGAMBAKKAM, CHENNAI, PIN - 600006
8 CONTROLLER OF EXPLOSIVES, ERNAKULAM SUB CIRCLE OFFICE, C2
IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM, PIN - 682037
9 THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE
COMMISSIONER, PUBLIC OFFICE BUILDING, VIKHAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
10 HINDUSTAN PETROLEUM CORPORATION LIMITED
REPRESENTED BY ITS AUTHORISED OFFICER, KARSHAKA ROAD,
KADAVANTHRA, ERNAKULAM, PIN - 682016
11 RINTA PRAKASH, D/O P J JOSEPH, KOCHUPARAMBIL HOUSE,
MELUKAVUMATTOM, KOTTAYAM, PIN - 686652
ADDL R12 CHIEF TOWN PLANNER, SWARAJ BHAVAN, NALANDA LN, NANTHANCODU,
THIRUVANANTHAPURAM, KERALA
ADDL R13 DISTRICT TOWN PLANNER - KOTTAYAM
KARIPURAM APARTMENTS, DISTRICT PLANNING SECRETARIAT,
COLLECTORATE, KOTTAYAM, KERALA [ADDL R12 AND ADDL R13 ARE
IMPLEADED AS PER ORDER DATED 29/11/2025 IN IA/3/2025 IN
WP(C) 21357/2024]
BY ADVS.
SHRI.ACHUTH KRISHNAN R., CGC
SHRI.M.GOPIKRISHNAN NAMBIAR
SRI.JOSSY KURIAN
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT. K M RASHMI, SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.02.2026,
THE COURT ON 12.02.2026 DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 12th day of February, 2026
1. The Writ Petition as amended is filed by the Petitioner
challenging Ext.P14 No Objection Certificate under Rule 144 of
the Petroleum Rules, 2002, and Ext.P15 Order granting the said
NOC by the Respondent No.4/Additional District Magistrate.
The Respondent No.4 granted Ext.P14 No Objection Certificate
to the Respondent No.10/Oil Marketing Company to enable the
Respondent No.11 as its dealer for starting a Petroleum Retail
Outlet in Resurvey Nos.484/12, 484/16-1 & 484/7 of Arpookara
Village in Kottayam Taluk in Kottayam District.
2. The Respondent Nos.7 & 8 filed a Statement that since the
averments in the Writ Petition pertain to the NOC issued by the
Respondent No.4, Respondent Nos.7 & 8 have no role in it. The
Respondent No.10 has filed a Counter Affidavit, and the
Respondent No.11 has filed Counter Affidavit and Additional
Counter Affidavit opposing the prayers in the Writ Petition.
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3. I heard the learned Counsel for the Petitioner, Sri.
Ananthakrishnan A. Kartha, the learned Counsel for the
Respondent No.10, Sri. M. Gopikrishnan Nambiar, the learned
Counsel for the Respondent No.11, Sri. Jossy Kurian, and the
learned Senior Government Pleader Sri.K.M. Rashmi for the
Respondent Nos.2 to 4, 9, 12 & 13.
4. The learned Counsel for the Petitioner contended that the
Respondent Nos.10 & 11 are attempting to establish a
Petroleum Retail Outlet in the proposed site in violation of the
Guidelines of the Central Pollution Control Board (CPCB). The
Medical College School, Athirampuzha, is situated just opposite
to the proposed site within the prohibited distance. The children
of the Petitioner have been studying in the school, and the
Petitioner is a member of the PTA of the said school. The
conduct of the Petroleum Retail Outlet in the proposed site will
affect the health and safety of the students studying in the said
school. The Petitioner, being a parent of the students of the said
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school, has every right to challenge Ext.P14 NOC and Ext.P15
Order granting NOC. The proposed site is situated inside the
prohibited designated residential area as reported by the
Respondent No.13 in the Report dated 12.01.2026, which is
produced along with the Memo dated 16.01.2026 filed by the
Senior Government Pleader. Learned Counsel prayed for
setting aside Exts.P14 & P15.
5. The learned Counsel for the Respondent No.10 contended that
the proposed site is not situated within the designated
residential area as contended by the Petitioner. The learned
Counsel invited my attention to Ext.P16 Approved Development
Plan for Medical College Area, Kottayam, to show that the
proposed site is situated in a residential mixed zone. In such
case, the prohibition contained in CPCB Guidelines is not
applicable. Ext.R10(c) Certificate issued by the Arpookara
Grama Panchayat would show that the proposed site is not
situated in a designated residential area. The Respondent
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No.10 has clearly disputed the locus standi of the Petitioner
denying the allegation that the Petitioner's children are studying
in the Medical College School, Ahtirampuzha. The Petitioner
has not produced any document to show that his children are
studying in the said school. Even though the Respondent No.10
has filed Counter Affidavit specifically denying the said
allegation, the Petitioner has not chosen to file any Reply
Affidavit. The Medical College School, Athirampuzha, is situated
behind the School of Medical Education, which is situated on
the opposite side of the proposed site. The School of Medical
Education is a college and not a school. The distance from the
proposed site to the School of Medical Education itself is 49.94
Mtrs. It makes it clear that Medical College School,
Athirampuzha, is situated beyond 50 Mtrs. As a matter of fact,
in case of implementation of additional safety measures
prescribed by P.E.S.O., the prohibited distance is only 30 Mtrs.
The Counsel objected to the locus standi of the Petitioner,
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stating that he has raised the objection and filed the Writ Petition
at the instance of another Petroleum Dealer in the same area.
The learned Counsel cited the judgment of this Court dated
16.08.2013 in Writ Appeal No.1169/2013 in which the Division
Bench dismissed the Writ Appeal, confirming the judgment of
the learned Single Judge declining the jurisdiction on the
question of locus standi, finding that the existing licensees of
outlets cannot be heard to challenge the allotment of new
outlets. Learned Counsel prayed for dismissal of the Writ
Petition.
6. The learned Counsel for the Respondent No.11 advanced
contentions with reference to the pleadings in the Counter
Affidavit and the Additional Counter Affidavit. Learned Counsel
invited my attention to the specific averments in the Counter
Affidavit that the Petitioner has filed the Writ Petition for and on
behalf of one Mr. Subeesh Babu, who has been running a
Petroleum Retail Outlet in the area, and that the Petitioner has
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no locus standi to file the Writ Petition as he has not produced
any document to substantiate his locus standi. The learned
Counsel further contended that the Ext.P15 Order was passed
by the Respondent No.4 after confirming the compliance of the
Guidelines issued by the CPCB. The Petitioner has not
produced any document to show that the school is situated
within the prohibited distance. Learned Counsel invited my
attention to Ext.R11(d) Statement given by the Petitioner before
the Respondent No.4, in which it is admitted that there are two
Petroleum Retail Outlets in the very same area. Learned
Counsel prayed for dismissal of the Writ Petition.
7. The learned Senior Government Pleader also advanced
arguments supporting Ext.P14 NOC and Ext.P15 Order.
8. I have considered the rival contentions.
9. The contesting Respondents have strongly disputed the locus
standi of the Petitioner for filing the Writ Petition. The Petitioner
claims that the Petitioner is the parent of the students studying
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in Medical College School, Athirampuzha, and that he is a
member of the PTA of the said school. In spite of the specific
denial of the said claim from the part of the Respondent Nos.10
& 11, the Petitioner has not produced any document to prove
the same. The Respondent No.11 has specifically averred in the
Counter Affidavit that the Petitioner has filed the Writ Petition at
the instance of another Petroleum Dealer in the vicinity, namely
Mr. Subeesh Babu. In both the Counter Affidavits, the
Respondent Nos.10 & 11 have specifically stated that the
Medical College School, Athirampuzha, is not situated within the
prohibited distance. The Petitioner has not chosen to file any
Reply to the Counter Affidavits filed by Respondent Nos.10 &
11. Hence, the Petitioner has no locus standi to file this Writ
Petition.
10. The original claim of the Petitioner was that the conduct of the
Petroleum Outlet in the proposed site would affect the health
and safety of the students of the Medical College School,
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Athirampuzha. It is seen that the Petitioner has submitted
Ext.P13 Petition to the District Collector in public interest. It is
pertinent to note that neither the school authorities nor the office
bearers of the PTA have come forward to object to the
establishment of the Petroleum Retail Outlet by Respondent
Nos.10 & 11. There is nothing on record to prove that the school
is situated within the prohibited distance. In Ext.R11(d)
Statement of the Petitioner, he has stated that there are two
Petroleum Outlets in the same area. As rightly pointed out by
the learned Counsel for Respondent No.10, the proposed site
is situated inside the residential mixed zone as revealed from
Ext.P16 Approved Development Plan for Kottayam Medical
College Area. Considering the location of another existing
Petroleum Outlet, it is also situated in the same 'residential
mixed zone'. The Petitioner has no objection against the said
Petroleum Outlet. As per Ext.P4 CPCB Guidelines, what is
relevant is the residential area designated as per local laws. The
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contention of the learned Counsel for the Petitioner is that the
proposed site happened to be in a residential mixed zone only
on account of Clause 15.3 of Ext.P17 Notification which
provides that in land, to a depth of 50 Meters on either side from
the central line of roads having an existing width of 7 Meters or
more is deemed to be under residential mixed zone. Ext.P16
Development Plan shows that the area 50 Meters on either side
from the central line of the road is not shown as a residential
mixed zone. It is clear that the residential mixed zone shown in
Ext.P16 is not on the basis of Clause 15.3 of Ext.P17
Notification. Residential mixed zone as per the Approved
Development Plan under the Town Planning Act could not be a
'residential area designated as per local laws' within the
meaning of the Guidelines of CPCB. The Respondent No.10
has obtained Permission from the Chief Town Planner for the
establishment of fuel station as required under Ext.P17. Thus,
the contention of the Petitioner that the establishment of
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Petroleum Outlet in the proposed site is in violation of CPCB
Guidelines is unsustainable.
11. The Writ Petition is liable to be dismissed for want of locus
standi for the Petitioner to file the same and also on account of
the unsustainability of the contentions raised against Exts.P14
& P15. Accordingly, I dismiss this Writ Petition.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg/jma
WP(C) NO.21357 OF 2024
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APPENDIX OF WP(C) NO. 21357 OF 2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SCREEN PRINT OUT TAKEN FROM
GOOGLE MAP SHOWING THE DISTANCE BETWEEN THE ABOVE
MENTIONED VACANT PROPERTY AND THE SCHOOL
Exhibit P2 TRUE SCREEN PRINT OUTS TAKEN FROM GOOGLE STREET
VIEW AVAILABLE IN GOOGLE MAP SHOWING THE LOCATION
OF THE SCHOOL COMPOUND AND THE VACANT LAND
Exhibit P3 A TRUE COPY OF THE ORDER DATED 18-01-2019 IN OA
NO. 86/2019 PASSED BY THE PRINCIPAL BENCH,
NATIONAL GREEN TRIBUNAL
Exhibit P4 A TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO.
B-13011/1/2019-20/AQM DATED 07-01-2020 ISSUED BY
THE 5TH RESPONDENT
Exhibit P5 A TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO.
B-13011/1/2020-21/AQM DATED 29-01-2021 ISSUED BY
THE 5TH RESPONDENT
Exhibit P6 A TRUE COPY OF THE ORDER DATED 09-10-2020 IN OA
NO. 61/2019 BY THE NATIONAL GREEN TRIBUNAL
Exhibit P7 A TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO.
B-13011/1/2-19-20/AQM DATED 16-08-2021 ISSUED BY
THE 5TH RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 23-12-2021 IN OA
NO. 138/2020 BEFORE THE NATIONAL GREEN TRIBUNAL
(SZ)
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 14-03-2023 IN
CIVIL APPEAL NO. 494/2022, CIVIL APPEAL NO.
1695/2022, CIVIL APPEAL NO. 2039/2022, CIVIL
APPEAL NO. 1758/2022 AND CIVIL APPEAL NO.
1912/2022 BY THE HONOURABLE SUPREME COURT OF INDIA
Exhibit P10 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 16-06-
2023 BEARING NO. EQ-11099/25/2021-AQM-HO-CPCB-
HO/1830-1879 ISSUED BY THE 5TH RESPONDENT
Exhibit P11 A TRUE COPY OF THE CIRCULAR BEARING NO.
KSPCB/383/2023-SEE-3 DATED 29-03-2023 ISSUED BY
THE 6TH RESPONDENT
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE PETROLEUM
RULES 2002 ISSUED BY THE MINISTRY OF PETROLEUM &
NATURAL GAS VIDE NOTIFICATION BEARING NO. G.S.R.
204 (E) DATED 13-03-2002
Exhibit P13 A TRUE COPY OF THE REPRESENTATION DATED 08-03-2024
PREFERRED BY THE PETITIONER BEFORE THE DISTRICT
COLLECTOR, KOTTAYAM
Exhibit P14 A TRUE COPY OF THE NO OBJECTION CERTIFICATE
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DCKTM/11/2024-H4 DATED 16-03-2024
Exhibit P15 A TRUE COPY OF THE PROCEEDING IN FILE NO.
DCKTM/11/2024-H4 DATED 16-03-2024
Exhibit P16 A TRUE COPY OF THE PLAN PREPARED BY THE OFFICE OF
THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM DATED
30-08-2010
Exhibit P17 A TRUE COPY OF THE NOTIFICATION BEARING NO. GO (MS)
NO. 245/2010/LSD DATED 01-11-2010 PUBLISHED BY THE
LOCAL SELF GOVERNMENT (RD) DEPARTMENT, GOVERNMENT
OF KERALA
Exhibit P18 A RUE COPY OF THE NOTIFICATION BEARING NO. GO (MS)
NO. 19/98/LAD DATED 22-01-1998
Exhibit P19 A TRUE COPY OF THE PLAN PREPARED BY THE OFFICE OF
THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM DATED
30-08-2010 IN WHICH THE PETROLEUM RETAIL OUTLET IS
PROPOSED TO BE CONSTRUCTED HAS BEEN MARKED
Exhibit P20 SCREEN SHOTS TAKEN FROM THE GOOGLE MAPS SHOWING
THE PLOT IN WHICH THE PETROLEUM RETAIL OUTLET IS
PROPOSED TO BE HOUSED AND THE SURROUNDING AREAS
RESPONDENT EXHIBITS
Exhibit R10 (a) True copy of the home-page of the School of Medical
Education as available on its website
Exhibit R10 (b) True copy of the screen printout taken from Google
Maps measuring the distance between the school and
the proposed retail outlet
Exhibit R10 (c) True copy of the certificate dated 31.07.2024
issued by Arpookara Grama Panchayat
Exhibit R10 (d) True copy of the site approval and building permit
dated 02.08.2024 issued by the Arpookara Grama
Panchayat
EXHIBIT R11(h) The true copy of the certificate issued by the
District Fire Officer, Fire and Rescue Services,
Kottayam to the 3rd respondent dated 12.01.2024
EXHIBIT R11(c) The true copy of the No Objection Certificate
issued by the 4th respondent to the 10th respondent
dated 16.03.2024
EXHIBIT R11(d) The true copy of the statement submitted by the
petitioner before the 4th respondent dated
12.03.2024
EXHIBIT R11(e) The true copy of the report submitted by the
Station House Officer, Gandhinagar Police Station
before the District Police Chief, Kottayam along
with the statements of neighbors dated 07.02.2024
EXHIBIT R11(f) The true copy of the information issued by the
Public Information Officer, Arpookara
Gramapanchayath to the 11th respondent dated
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25.05.2024
EXHIBIT R11(g) The true copy of the certificate issued by the
Secretary, Arpookara Gramapanchayath to the 11th
respondent dated 31.07.2024
EXHIBIT R11(i) The true copy of the order in LSGD-JD-KTM-2649-
2024-H1 issued by the District Town Planner,
Kottayam dated 15.07.2024
EXHIBIT R11(a) The true copy of the complaint submitted by the
petitioner before the 3rd respondent dated
08.03.2024
EXHIBIT R11(b) The true copy of the proceedings of the 4th
respondent dated 16.03.2024
