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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.Abdul Hakhim
Prasad K – Appellant
Versus
Land Revenue Commissioner – Respondent
| Table of Content |
|---|
| 1. background of the dispute regarding petroleum retail outlet (Para 1 , 2 , 3 , 4) |
| 2. contentions regarding compliance with morth guidelines (Para 5 , 8 , 9) |
| 3. court's analysis of the procedural compliance and implications (Para 6 , 11 , 12 , 13) |
| 4. legal standing on appeal against n.o.c. and representation processes (Para 14) |
| 5. final order to dismiss one writ petition and facilitate consideration of another (Para 15) |
JUDGMENT :
1. The parties are the same in both these Writ Petitions. W.P.(C) No.38776 of 2025 is treated as the leading case, referring to the documents as per the markings therein.
3. W.P.(C) No.27507 of 2025 is filed challenging Ext.P1 N.O.C. issued by the Respondent No.3 to the Respondent No.13 under Rule 144 of the Petroleum Rules, 2002, and Ext.P2 Provisional Permission for access to the Highway issued by the Respondent No.6 to the Respondent No.13 under Section 28 of the Control of National Highways (Land and Traffic) Act, 2002, and seeking direction to the Respondent No.1 to dispose of Ext.P19 Appeal filed against Ext.P1 N.O.C.
5. The Respondent No.11 individually and the Respondent Nos.12 and 13 jointly filed Counter Affidavits in W.P.(C) No.38776 o
Authorities must adhere to regulatory guidelines when issuing permissions; however, prior involvement in proceedings mitigates claims of prejudice due to non-hearing.
Levy of certain fees towards processing applications for access permit and fee for access permit - Guidelines approved as per Ext.P4, were framed/approved without any consultation and without giving ....
A No Objection Certificate for establishing a Petroleum Retail Outlet can be issued if the applicant is in lawful possession of the site through a leasehold arrangement, despite objections from nearb....
Civil Law - Grant of Temporary Injunction - Rights and Liabilities of Co-owners - A co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property....
: High Court while exercising powers under Article 226 of Constitution of India cannot sit as appellate court over decision of NHAI more particularly when same has not been challenged.
The court affirmed that applicants must be provided an opportunity to rectify deficiencies in their land documentation before rejection of their dealership applications, emphasizing the principles of....
The court established that while Indian Road Congress Guidelines are not mandatory in Tamil Nadu, they must be considered for public safety when processing applications for No Objection Certificates.
IRC guidelines are directory for State Highways, and competitors can challenge violations, but the petition was dismissed for lack of merit.
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