In a writ petition, the petitioner challenged the issuance of NOC to a petrol outlet alleging violation of IRC Guidelines and ignoring resident representations. The High Court found no factual basis to the petitioner's concerns and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.12132 OF 2020(N)
PETITIONER:
PHILIP JOHN, AGED 70 YEARS, S/O. YOHANNAN, THARAYIL VEEDU, KALLELIBHAGOM P.O., KARUNAGAPPALLY, KOLLAM- 690 519
BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.
2 UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, REPRESENTED BY ITS SECRETARY, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI-110 001.
3 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOLLAM- 691 013.
4 THE TERRITORY MANAGER (RETAIL), BHARAT PETROLEUM CORPORATION LIMITED, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI- 682 309.
W.P.(C) No.12132/2020
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ADDL. 5 V.N. DEVARAJAN, VALIYAPARAMBIL, GRAMAM, ENNAKKADU P.O., CHENGANNUR, ALAPUZHA- 689 624.
IS IMPLEADED AS PER ORDER DATED 01-07-2020 IN I.A.No.01/2020 R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM R5 BY ADV. SRI.R.SUNIL KUMAR R5 BY ADV. SMT.A.SALINI LAL R2 BY SRI P. VIJAYAKUMAR, ASGI R1-3 GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
Dated this the 5th day of March, 2021
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who is a resident of Mararithottam,
has filed this writ petition seeking to quash Ext.P3 NOC granted to the BPCL under Rule 144 of the Petroleum Rules, 2002; to direct the 1st respondent to consider Ext.P6 representation and to direct the 3rd respondent to consider Ext.P5 representation made by the petitioner.
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respondent, a sketch was attached. All roads were not shown in the sketch. A road has been shown as a pathway. The 3rd respondent accepted the application and the sketch as such and issued NOC.
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outlets. The Executive Engineer, PWD (Roads) reported that the measurement of buffer strip must be 12.0 x 3.0 m. at the time of construction and on that condition, NOC can be issued. The Regional Fire Officer reported that there is no objection in granting NOC to the proposed Petroleum Retail Outlet, in the fire protection point of view.
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one Vijayan alias Maithanam Vijayan who is a competitor, running a petrol pump nearby the locality. The said Vijayan had earlier filed writ petition through one Sathyadevan, but failed to obtain an interim stay. Subsequently, W.P.(C) No.33692/2019 was filed in which an interim order was passed. Later, when the interim order was vacated, the said writ petition was withdrawn. Subsequently, one Sudhakaran filed another W.P.(C) (Temp) No.204/2020. No interim order was passed in the said writ petition. Thereafter, the said Vijayan filed OS No.64/2020 before the Munsiff's Court, Karunagapally. Later, OP(C) No.855/2020 was filed by the said Vijayan before this Court. In the said OP(C) also, interim order was declined. Thereafter, one Satheesan filed W.P.(C) No.7167/2020. The said writ petition was disposed of directing the Pollution Control Board to consider his representation.
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intention of defeating the desire of the petitioner to establish a Petroleum Retail Outlet.
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A reference was made to the Pollution Control Board and the Environmental Engineer of the Pollution Control Board reported that the Petroleum Retail Outlet comes under Green Category and there is no objection in granting NOC to the proposed petroleum outlets.
In the circumstances of the case, this Court finds that the concerns expressed by the petitioner is devoid of factual foundation and there is no reason to interfere with Ext.P3 NOC issued by the 3rd respondent. The writ petition therefore fails and it is accordingly dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/04.03.2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.46/2019/PWD, DATED 22.10.2019 ISSUED BY THE IST RESPONDENT.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.16/2020/PWD, DATED 10.2.2020 ISSUED BY THE IST RESPONDENT.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE NOC ISSUED AS PER ORDER NO.DCKLM/4049/2019/M7 DATED 27.11.2019 BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE SKETCH OF THE LAND AND NEARBY AREAS SUBMITTED BY THE 4TH RESPONDENT OF THE SITE IN QUESTION OF MARARITHOTTAM.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THIS PETITIONER TO THE 3RD RESPONDENT, DATED 8.6.2020.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THIS PETITIONER TO THE IST RESPONDENT, DATED 8.6.2020. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE SAID ORDER IN SPECIAL LEAVE TO APPEAL (C) NO 12084/2020, DATED 16.11.2020
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RESPONDENTS' EXHIBITS:
| EXHIBIT R5(a): | COPY WPC.NO. |
OF THE 33692/2019. |
JUDGMENT | IN |
|---|---|---|---|---|
| EXHIBIT R5(b): | COPY OF | THE PLAINT | IN O.S.NO.64/20 | |
| EXHIBIT R5(c): | COPY WPC.NO. |
OF THE 7167/20. |
JUDGMENT | IN |
| EXHIBIT R5(d): | COPY WPC.NO. |
OF THE 10531/2020. |
JUDGMENT | IN |
SR
3 issues framed by the court
Whether the issuance of NOC for petroleum outlet violates IRC Guidelines.
Whether representations against the outlet should have been considered before granting NOC.
Whether the Environmental Report supports granting NOC despite objections.
PHILIP JOHN
STATE OF KERALA
UNION OF INDIA
THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOLLAM
BHARAT PETROLEUM CORPORATION LIMITED
V.N. DEVARAJAN
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
