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2021 Supreme(Online)(KER) 36627

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
MUHAMMED C. – Appellant
Versus
THE DISTRICT COLLECTOR, MALAPPURAM – Respondent


Advocates:
C.M.MOHAMMED IQUABAL, SRI. TEK CHAND SR GP, SRI.T.NAVEEN, SRI.M.GOPIKRISHNAN NAMBIAR, SRI. R.SUNIL KUMAR, SRI.K.T.SHYAMKUMAR

J U D G M E N T

S. Manikumar, C.J.

Instant writ appeal has been filed challenging the judgment dated 16.09.2021 in W. P. (C) No. 27651 of 2020, by which a learned Single Judge dismissed the writ petition, filed for the following relief:-

“Call for the records leading up to Ext. P6 NOC and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction.”

2. Short facts leading to the writ petition are as hereunder:-

According to the petitioner/appellant, he is residing in R.S.No.

104/12 in Block No. 10 of Pallikkal Grama Panchayath, adjacent to Mr. Ibrahim, the 9th respondent.

Appellant has submitted that Mr. Ibrahim, along with Mr. Ragul, the 10th respondent, proposed to start a petroleum retail outlet of Bharat Petroleum Corporation Ltd., the 8th respondent, in their property.

It is a pure residential area and two petrol pumps are situated near to this property. Even though the petitioner and other residents have filed objections before the District Collector, Malappuram, the 1st respondent, and other respondents, the 1st respondent issued Ext. P6 NOC to start the petroleum outlet.

3. After hearing the parties, considering the statutory provisions and

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