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2021 Supreme(Online)(KER) 33988

HIGH COURT OF KERALA
N. NAGARESH, J
PHILIP JOHN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.M.GOPIKRISHNAN NAMBIAR, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL, SRI P. VIJAYAKUMAR, SMT. DEEPA NARAYANAN

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who is a resident of Mararithottam, has filed this writ petition seeking to quash Ext.P3 NOC granted to the BPCL under Rule 144 of the Petroleum Rules, 2002 ; to direct the 1st respondent to consider Ext.P6 representation and to direct the 3rd respondent to consider Ext.P5 representation made by the petitioner.

2. The petitioner states that the 4th respondent has obtained Ext.P3 NOC from the 3rd respondent for location of Petroleum Retail Outlet in the land in Re-Survey No.180/2, Block 14, Kallelibhagam Village, Karunagappally Taluk. While issuing Ext.P3 NOC, the 3rd respondent has ignored the IRC Guidelines. In the application submitted by the 4th respondent, a sketch was attached. All roads were not shown in the sketch. A road has been shown as a pathway. The 3rd respondent accepted the application and the sketch as such and issued NOC.

3. The petitioner would further submit that the residents in the area have submitted Ext.P5 mass petition to the 3rd respondent against establishment of the Petroleum Retail Outlet in the thickly populated area. The representation of the petitioner and the local residents has been ignored. The 4th r

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