Allowed

Sumitha.a.S. v. the State of Kerala

Kerala HC2 Jun 2022WP(C)/14159/2022

Case brief

AI extract

What is this about?

This writ petition challenged the delay in issuing a No Objection Certificate (NOC) for a petroleum outlet due to the Executive Engineer, PWD's non-submission of an enquiry report. The court directed the competent authority to issue the NOC immediately if other authority reports were favorable, disregarding the PWD recommendation.

What did the court decide?

Directed the 4th respondent to issue NOC without waiting for the 3rd respondent's recommendation if other reports are favorable.

Sumitha.a.S. Vs the State of Kerala — Service and Employment | Kerala HC (2022)

¶1

WP(C).14159/22

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

THURSDAY, THE 2^ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944

¶7

WP(C) NO. 14159 OF 2022

¶8

PETITIONER/S:

¶9

SUMITHA.A.S. AGED 42 YEARS W/O. SANJEEVA, PAJINGAR HOUSE, MOODAMBAIL, KASARGODE

¶10

BY ADVS. R.SUNIL KUMAR A.SALINI LAL

¶11

RESPONDENT/S:

¶12

1 THE STATE OF KERALA REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶13

2 THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003

¶14

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KASARGOD-671 123

¶15

4 THE DISTRICT COLLECTOR, KASARGOD DIST, COLLECTORATE, KASARGOD-671 121

¶16

5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY, 3RD FLOOR, CEEKAY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011

¶17

OTHER PRESENT:

¶18

GP RAJEEV JYOTHISH GEORGE; SC FOR BPCL M. GOPIKRISHNAN NAMBIAR

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).14159/22

V.G.ARUN, J.

W.P(C).No.14159 of 2022

¶24

Dated this the 2^nd day of June, 2022

¶25

JUDGMENT

¶26

The petitioner has been issued with Exhibit P1 Letter of Intent by the 5^th respondent Oil Manufacturing Company for conducting a retail petroleum outlet. In accordance with the procedure prescribed in Rule 144 of the Petroleum Rules, the 5^th respondent has submitted Exhibit P2 application for obtaining NOC for setting up the outlet. According to the petitioner, all the authorities, except the 3^rd respondent, i.e., the Executive Engineer, PWD (Roads), Kasaragod, have furnished enquiry reports to the 4^th respondent. Exhibit P2 application is not processed as the 3^rd respondent is yet to file the enquiry report. Learned Counsel for the petitioner relied on the decision in Thommachan Jacob v. State of Kerala [2021 (4) KLT 756] to contend that there cannot be any insistence on production of NOC from the PWD.

¶27

Learned Government Pleader submitted, on instructions that, the delay in issuance of NOC by the 4^th respondent is not because of the non receipt of report from the 3^rd respondent. The other statutory authorities are yet to submit their reports and the application will be processed on receipt of the reports.

¶28

WP(C).14159/22

¶29

¶30

The writ petition is hence disposed of, directing the 4^th respondent to issue NOC based on Exhibit P2 application without waiting for the 3^rd respondent's recommendation, provided the reports of the other authorities are in the applicant's favour. In view of the time limit prescribed in the Petroleum Rules, the 4^th respondent shall call upon the other authorities to submit their reports at the earliest and take a decision on Exhibit P2 application within three weeks of receipt of a copy of this judgment.

Sd/-

V.G.ARUN, JUDGE

vgs

WP(C).14159/22

APPENDIX OF WP(C) 14159/2022

¶37

PETITIONER EXHIBITS

¶38

Exhibit P1	COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26.6.2020
Exhibit P2	COPY OF APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TOT HE PETITIONER DATED 27.08.2021
Exhibit P3	COPY OF THE GO(MS) NO.46/2019/PWD DATED 22.10.19
Exhibit P4	COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.2.20
Exhibit P5	COPY OF THE RELEVANT PAGES OF GO (MS) NO.67/2020/PWD DATED 16.10.2020
Exhibit P6	COPY OF THE JUDGMENT OF WPC NO.4945/2022

Sumitha.a.S. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sumitha.a.S. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Divine Gas Enterprises Vs Union of India

Xxx Vs State of Kerala

Marysadan Edathala International (Pvt.) Ltd. Vs the State of Kerala

A. v. Rasiya Vs Kerala State Civil Supplies Corporation Ltd. (Supplyco)

Suresh Kumar K Vs State of Kerala

Lidiya Joseph Vs the Bank of India