Conditions imposed by governmental orders for obtaining NOC were declared null and void, reinstating the original procedural rules under the Petroleum Rules.

JUDGMENT

This Writ Petition has been filed challenging Exhibits P11, P15, P17, P19 and P21 which are all proceedings issued by the officers of the Public Works Department (PWD) finding that the petitioner is not entitled to establish a fuel outlet, since there is violation of certain conditions laid down in the government orders issued in this regard. The authority under Rule 144 of the Petroleum Rules, 2002 to grant a No Objection Certificate (NOC) is the District Magistrate. The orders challenged in this Writ Petition are all orders which are preceding the consideration by the District Magistrate on the grant of NOC.

2. When the case was taken up today, the learned counsel for the petitioner submitted that a batch of Writ Petitions in which the same issue was agitated has been disposed of by learned Single Judge by judgment dated 05.08.2021, whereby the Government Orders dated

10.02.2020 and 16.10.2020 have already been set aside. The Court has in its judgment declared that fixing a condition to produce NOC from PWD while granting NOC, by the district authorities is null and void. The Court has directed the District Authorities concerned to reconsider the applications submitted by the petitioners for NOC under Rule 144 of the Petroleum Rules, 2002 without reference to the government orders referred above and in accordance with the rules prevailing as on the date of the applications, within a period of two months.

3. In the light of the judgment of this Hon'ble Court, this Writ Petition is disposed of directing the 3rd respondent to consider and pass orders on Exhibit P2 request dated 31.03.2015 submitted before the 4th respondent in accordance with law and in terms of the directions contained in the judgment of this Court in WP(C) No. 9881/2020. The orders in Exhibits P11, P15, P17, P17, P19 and P21 issued by the PWD officers will cease to have effect, in view of the judgment referred above. Necessary orders shall be passed within two months from the date of receipt of copy of this judgment.

Sd/-

T.R.RAVI JUDGE avs APPENDIX OF WP(C) 21738/2020 PETITIONER EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 31.03.2015 ISSUED BY THE 8TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION NO.CRO/AVS/E&P DATED 31.03.2015 ISSUED BY THE 8TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION NO.

CS10-152615 DATED 04.09.2015 ISSUED BY THE DISTRICT SUPPLY OFFICER.

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION NO.578/GL/2015-IOP KTDA DATED 10.09.2015 ISSUED BY THE INSPECTOR OF POLICE.

EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO. D1-

19667/2015/T DATED 21.03.2016 ISSUED BY THE DISTRICT POLICE CHIEF TO THE 4TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO. C2-

12043/2015/DMO DATED 13.10.2015 ISSUED BY THE DISTRICT MEDICAL OFFICER.

EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO. B-

4234/2015 DATED 19.02.2016 ISSUED BY THE DIVISIONAL OFFICER OF THE FIRE AND RESCUE SERVICES.

EXHIBIT P8 A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD ON 24.02.2016.

EXHIBIT P9 A TRUE COPY OF COMMUNICATION NO. B5-

24999/15 DATED 30.05.2016 ISSUED BY THE TAHSILDAR, KATTAKKADA TALUK OFFICE.

EXHIBIT P10 A TRUE COPY OF COMMUNICATION NO.

DB2/1201/2015 DATED 16.02.2016 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P11 A TRUE COPY OF COMMUNICATION NO.

CE/R&B/PLG/DB6/4493/2016 DATED

26.04.2016 SENT BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE LETTER DATED

05.05.2016 SENT BY THE 1ST PETITIONER TO THE 6TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION NO. D2-

6456/15 DATED 06.05.2016 OF THE 6TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P14 A TRUE COPY OF COMMUNICATION NO.CE/R&B/P/DB6/4493/2016 DATED

18.05.2016 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P15 A TRUE COPY OF COMMUNICATION NO. PWD -

G3/14/2016-PWD DATED 01.06.2016 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P16 A TRUE COPY OF COMMUNICATION NO.

CE/R&B/PLG.