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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.NATARAJAN, JOHNSON JOHN
Town Planner – Appellant
Versus
T.M.Biju – Respondent
| Table of Content |
|---|
| 1. judiciary presents facts of the case. (Para 1 , 2 , 3) |
| 2. municipality's concerns about construction permission. (Para 4 , 5) |
| 3. contention regarding the exemption of construction rules. (Para 6 , 7) |
| 4. counterarguments regarding planning permissions and landlord objections. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. legal questions regarding jurisdiction of petroleum rules. (Para 14 , 15 , 16) |
| 6. authority and jurisdiction of petroleum regulations over municipal rules. (Para 17 , 18 , 19) |
| 7. exemption clauses in municipal rules in effect. (Para 20 , 21) |
| 8. ruling on application of petroleum regulations and dismissal of the appeals. (Para 23 , 24 , 25) |
JUDGMENT :
W.A No. 1742 of 2022 is filed by the Town Planner, Kannur as against the judgment dated 06.10.2022 passed by the learned single Judge of this Court in W.P.(C) No. 26853 of 2022.
3. We have heard the arguments of Smt. Deepa K.R, learned Special Government Pleader, Sri. K.P Harish, learned Standing Counsel appearing for the Kuthuparamba Municipality, Sri. Jason Manavalan, learned Standing Counsel appearing for the Indian Oil Corporation Ltd., Sri. Govind G. Nair and Sri. Krishna Prasad, the learned counsel appearing for th
The Petroleum Rules, 2002 provide exemptions that override local building regulations, affirming no prior permission is needed for relocating fuel tanks within licensed premises.
It is trite law that when there is conflict between a specific provision and a general provision in respect of the same subject, the specific provision will prevail over the general provision.
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....
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 ....
The establishment of the petroleum outlet complied with the relevant distance and safety regulations as set forth by the Kerala Municipality Act and the Petroleum Rules.
Permission for starting petrol pump - As per GDCR which permits public utility to be part of residential zone which includes fueling stations, it cannot be said that GDCR are contrary to provisions o....
Cancelled permition for construction - Quashment of - As per Rule 56(2) rear open space in back should be 1.5m for building up to 10m height and there shall be an increase of rear open space at the r....
Exemptions from building rules must comply with procedural requirements; failure to provide natural justice in administrative decisions warrants judicial intervention.
when two fact finding bodies have rendered their decisions taking into account the constructions carried out and the nature of violations, under normal and ordinary circumstances, the writ court woul....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
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