Back
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 :
M.A. Abdul Hakhim, J.
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.
2. The Petitioner Nos.1 and 2 are objecting to the establishment of a Petroleum Retail Outlet by the Respondent No.11 in their neighbouring property, having an extent of 22.80 Ares in Re-Sy. No.367/7-13 of Perayam Village in Kollam District, situated on the immediate western side of Kollam-Theni NH-183, belonging to one Mr. R.Bahulayen, as a dealer of the Respondent No.13 Petroleum Marketing Company.
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
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....
Alleged forged NOC for petroleum outlet rejected as format valid under rules at issuance; compliance with siting criteria in mixed zone upheld; prior dismissal invokes res judicata barring repeat cha....
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....
Participant in retail outlet selection via draw of lots has locus to challenge rival's site NOCs for guideline non-conformity, unlike business rivals; IRC/MoRTH guidelines non-mandatory on major dist....
IRC Guidelines lack statutory force in NOC applications under the Petroleum Rules; local law designations govern suitability concerning residential proximity.
Compliance with established safety norms is paramount for public health, and earlier approvals cannot bypass stricter subsequent regulations.
: 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
