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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Suresh Babu P. S/o Late Prabhakaran – Appellant
Versus
Union of India Rep. by its Secretary, New Delhi – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. The Petitioner claims to be the owner of 10.2 Ares of land comprised in Re-Survey No.300/5 in Block No.15 of Kadampanadu Village in Adoor Taluk and the residential building thereon. The Petitioner is aggrieved by the issuance of Ext.P11 No Objection Certificate under Rule 144 of the PETROLEUM RULES , 2002, by the Respondent No.3 in his capacity as the District Magistrate to the Respondent No.4/Oil Marketing Company to establish a Petroleum Retail Outlet in a property situated near to his property. The Respondent No.4 obtained Ext.P11 No Objection Certificate to enable the Respondent No.6/Service Co-operative Bank to establish the Petroleum Retail Outlet as a dealer of Respondent No.4 in 12.14 Ares of land in Re-Survey Nos.300/6 & 300/7 of Kadampanad Village, which is covered by Ext.P2 registered Lease Deed executed by its landowner in favour of the Respondent No.6.
2. The Petitioner has filed this Writ Petition challenging Ext.P11 No Objection Certificate to declare that the Respondent No.4 does not have the competency to apply for No Objection Certificate under Rule 144 of the PETROLEUM RULES as the Respondent No.4 is not in lawful possession o
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....
The court establishes that local objections are not material for NOC applications 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.
The court established that the mere pendency of a criminal case cannot justify the denial of a No Objection Certificate under the Petroleum Rules.
The petitioner lacked locus standi to challenge the issuance of a No Objection Certificate for a petroleum outlet due to insufficient proof of personal stake and compliance with regulatory guidelines....
The Petroleum Rules, 2002 provide exemptions that override local building regulations, affirming no prior permission is needed for relocating fuel tanks within licensed premises.
Act provides for checking encroachment and eviction of encroachment in tanks which are under control and management of Public Works Department
whether granted by Gram Panchayat, is found to be incorrect, and as such, this Court is not inclined to exercise the equitable jurisdiction in favour of the petitioner in addition to the petitioner h....
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