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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Rajesh K. S/o Madhavan – Appellant
Versus
Additional District Magistrate, Kannur – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. Petitioner intends to start a Petroleum Retail Outlet as a Dealer of the Respondent No.3 – Oil Marketing Company on the basis of Ext.P1 Letter of Intent issued by the Respondent No.3. The Respondent No.3 had submitted Application for No Objection Certificate under Rule 144 of the Petroleum Rules, 2002, in order to enable the Petitioner to establish the Petroleum Retail Outlet and the same was rejected by the Respondent No.1 as per Ext.P3 Order. Petitioner has filed this Writ Petition challenging Ext.P3 Order.
2. The Respondent No.1 has filed Counter Affidavit opposing the prayers in the Writ Petition and supporting Ext.P3 Order.
3. I heard the learned Counsel for the Petitioner, Sri. Jinu P. Binu, the learned Government Pleader, Sri. Riyal Devassy, for Respondents Nos.1 & 2 and the learned Standing Counsel for the Respondent No.3, Sri. Poulose C. Abraham.
4. Learned Counsel for the Petitioner contended that the Respondent No.1 illegally rejected the Application for NOC on two unsustainable grounds. The first is that the proposed site does not satisfy the stopping site distance as required under the Indian Roads Congress (IRC) Guidelines, relying on th
IRC Guidelines lack statutory force in NOC applications under the Petroleum Rules; local law designations govern suitability concerning residential proximity.
Non-mandatory nature of guidelines permits issuance of a No Objection Certificate despite public safety concerns.
The court establishes that local objections are not material for NOC applications under Rule 144 of the Petroleum Rules, 2002.
The rejection of a No Objection Certificate based on unrecorded water bodies does not comply with statutory guidelines.
There is no statutory prohibition against establishing retail outlets near residential areas if safety norms are met.
Compliance with established safety norms is paramount for public health, and earlier approvals cannot bypass stricter subsequent regulations.
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.
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