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2021 Supreme(Online)(KER) 8123

HIGH COURT OF KERALA
T. R. Ravi, J
BASHEER M., – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
GEORGE VARGHESE (PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SRI.P.J.JOE PAUL, SRI.MANU SRINATH, SRI.RAJAN G. GEORGE, SRI.M.GOPIKRISHNAN NAMBIAR, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN, SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER

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

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