IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 31^ST DAY OF JANUARY 2022/11TH MAGHA, 1943 WP(C) NO. 29063 OF 2021 PETITIONER:

SUHAIL BABU,S/O.ABOOBACKER HAJI, AGED 30 YEARS, PENGATTUPURAY HOUSE, KUZHIMANNA P.O., MALAPPURAM DISTRICT, PIN- 673 641.

BY ADV K.ABOOBACKER SIDHEEQUE RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT, PIN - 675 505.

3 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT, PIN - 675 505.

4 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, KERALA TRANSPORT PROJECT DIVISION, KUTTIPPURAM, MALAPPURAM DISTRICT, PIN - 679 571.

5 THE MANGALORE REFINERY AND PETROCHEMICALS LIMITED, PLOT A1, OPPOSITE KSSIDC A.O.BUILDING, INDUSTRIAL ESTATE, RAJAJINAGAR, BANGALORE, KARNATAKA STATE, PIN - 560 010, REPRESENTED BY ITS GENERAL MANAGER (RETAIL).

SRI.APPU P.S., G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31^st day of January, 2022 The petitioner, who has been sanctioned a new Petroleum Retail Outlet as franchise of Mangalore Refinery and Petrochemicals Limited in Kariyavattom Village in Perinthalmanna Taluk, Malappuram District, has approached this Court seeking to quash Ext.P4 and to direct the 2^nd respondent to consider the application for 'No Objection Certificate' for starting Petroleum Retail Outlet as franchise of Mangalore Refinery and Petrochemicals Limited, independently on merits without reference to IRC/MoRTH guidelines or to any Government Orders pertaining to access permission.

2. The petitioner states that the 5^th respondent wanted to start a Retail Petroleum Outlet in Kariyavattom Village of Perinthalmanna Taluk and the petitioner was selected as franchise. The 5^th respondent submitted application under Rule 144 of Petroleum Rules, 2002 for NOC from the District Authorities.

3. The petitioner submits that the Regional Fire Officer and the District Medical Officer visited the site and gave reports expressing no objection. However, the Executive Engineer, PWD, as per letter dated 11.11.2021, stated that NOC can be granted for outlet, only if the IRC norms are complied with. Consequently, Ext.P4 communication was issued by the Executive Engineer.

Ext.P4 requires the petitioner to submit the following:

“(a) Fee for Provisional permission subject to the application found in order and conforming to the guidelines `21,000/- as Demand Draft in favour of Executive Engineer, KSTP Division, Kuttippuram. (b) Bank guarantee of towards successful completion of access as per the prescribed norms `2,62,500/- valid for 3 years.

(c) One time licence fee for access permission for fuel station `3,15,000/- as Demand Draft in favour of Project Director, KSTP, PMT, Thiruvananthapuram.

4. The learned counsel for the petitioner submits that requirements made by the Executive Engineer under Ext.P4 are all as per the earlier Government Orders which were set aside by this Court as per Ext.P5 judgment.

Therefore, Ext.P4 cannot stand the scrutiny of law.

5. The learned Government Pleader, on instructions, submitted that the possession in respect of the land has to be verified by the Tahsildar and a report from the Tahsildar has been called for by the District Collector. Similarly, a report from the Fire and Rescue Department has also to be obtained for taking a final decision on the application for NOC submitted by the 5^th respondent invoking Rule 144 of the Petroleum Rules, 2002.

6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

7. This Court in Ext.P5 judgment considered various Government Orders issued with regard to grant of NOC for starting Fuel Stations in Kerala. This Court disposed of the said w