The court emphasized that local authorities must assess applications for licenses based on factual merits, particularly in relation to local regulations.

JUDGMENT

[WP(C) Nos.5883/2025, 45306/2025]

1. W.P.(C) No.5883/2025 is filed by certain persons objecting to the establishment of a petroleum retail outlet. W.P.(C) No.45306/2025 is filed by the person who was given Letter of Intent by the Oil Company for establishing the same petroleum outlet. Both sides submit that the Application for NOC under Rule 144 of the Petroleum Rules , 2002, is pending consideration before the District Authority.

2. The learned Government Pleader on instruction submitted that the Application could not be considered since there exists a private pond within the prohibited distance of 50 Meters from the proposed petroleum outlet and since there is an order in W.P.(C) No.5883/2025 that the order passed by the District Authority will be subject to the result of the Writ Petition.

3. The learned Counsel for the petitioner in W.P.(C)

No.45306/2025 submitted that the contention of the learned Government Pleader is factually not correct, as there is no pond within the prohibited distance of 50 meters from the proposed petroleum outlet. It is a matter for the petitioner in W.P.(C) No.45306/2025 to convince the District Authorities. The aforesaid contentions of the learned Government Pleader for not passing the Order on the Application for NOC are unsustainable. There is no impediment for the District Authority to consider the Application and pass appropriate orders.

4. Both sides submit that the District Authority can be directed to consider the Application for NOC on merits, considering the contentions of all the parties.

5. Accordingly, these Writ Petitions are disposed of directing the Additional District Magistrate, Palakkad, to consider and dispose of the Application for NOC submitted by the Oil Company in these Writ Petitions within a period of two months from the date of receipt of a copy of the judgment, after hearing the petitioners in both these Writ Petitions as well as the Oil Company involved in the matter.

Sd/-