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2026 Supreme(Online)(Ker) 14935

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
SURESH BABU P – Appellant
Versus
THE UNION OF INDIA – Respondent
WA NO. 349 OF 2026|WP(C) NO.15700 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.D.KISHORE, SMT.MEERA GOPINATH, SHRI.ANANT KISHORE
For the Respondents: SRI.C.DINESH, CGC, SHRI.NITHIN GEORGE, SRI.JACOB P.ALEX, SHRI.M.V.HARIDAS MENON, SHRI.RITHU JOSE, SHRI.M.R.HARIRAJ (SR.), SRI.JOSEPH P.ALEX, SHRI.MANU SANKAR P., SHRI.AMAL AMIR ALI, SRI.SUNILKUMAR KURIAKOSE, G.P, SRI.K.SHAJ

The court affirmed that only individuals with direct personal impact can challenge administrative decisions such as the issuance of a No Objection Certificate, emphasizing the necessity of locus standi in judicial reviews.

Headnote:(A) Petroleum Rules, 2002 - Rule 144 - No Objection Certificate for petroleum retail outlet - The appellant challenged the NOC granted by the District Collector, citing lack of lawful possession by the applicant and absence of required prior sanctions - The court dismissed the appeal, affirming the validity of the NOC based on compliance with statutory requirements. (Paras 1, 2, 11, 18, 19, 22)

(B) Locus Standi - The court determined that the appellant lacked locus standi to file a writ petition as he was not an aggrieved person in relation to the issued NOC, establishing the requirement for personal effect in claiming standing under Article 226 of the Constitution. (Para 16)

Facts of the case:
The appellant, the owner of a property in proximity to the proposed site for a petroleum outlet, claimed that the No Objection Certificate issued to the 4th respondent for establishing a retail outlet was illegal due to the applicant's supposed lack of lawful possession and failure to obtain requisite approvals.

Findings of Court:
The court found no grounds for overturning the learned Single Judge's ruling, concluding that all statutory mandates were duly followed, and that the NOC was properly issued to the applicant.

Issues: The legal questions involved the appellant's standing to contest the NOC, the lawful possession of the property by the 4th respondent, and the procedural compliance with statutory requirements for issuing the NOC.

Ratio Decidendi: The court emphasized the requirement for personal standing to challenge administrative decisions, reiterating that the appellant could not claim aggrieved status when evidence proved he did not reside in the vicinity nor faced direct harm from the issuance of the NOC.

Result: Writ appeal dismissed.

Judgement Key Points

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Table of Content
1. challenge to no objection certificate (Para 1 , 2 , 3 , 4)
2. details of the case and parties involved (Para 5 , 6)
3. dismissal of the writ petition by the learned single judge (Para 7 , 8)
4. arguments raised by the appellant (Para 9 , 10 , 11)
5. respondent's position and counterarguments (Para 12 , 18 , 22)
6. analysis of relevant laws and regulations (Para 13 , 14 , 15 , 20)
7. discussion of locus standi (Para 16 , 17 , 19)
8. clarification on the requirements for noc (Para 21)

JUDGMENT

Muralee Krishna, J.

This writ appeal is filed under Section 5 (i) of the Kerala High Court Act, 1958 , by the petitioner in W.P.(C)No.15700 of 2025, challenging the judgment dated 29.01.2026 passed by the learned Single Judge in that writ petition.

2. The appellant filed W.P.(C)No.15700 of 2025 under Article 226 of the Constitution of India, seeking the following reliefs:

“a. Call for the records leading to the passing of Ext.P11 No Objection Certificate and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order.

b. To declare that the 4th respondent does not have the competency to apply for No Objection Certificate under Rule 144 of the Petroleum Rules as it is not in lawful possession of the property comprised by Resurvey No. 300/6 and 300/7 of Kadampanadu Village having an extent of 12.14 Ares, as the lessee of the property is the 6th respondent bank as evidenced from Ext.P2 lease deed.

c. To declare that the property having an extent of 12.14 Ares comprised in Resurvey No. 300/6 and 300/7 of Kadampanadu Village is not suitable for starting Rural Retail Outlet in furtherance to Ext.P1 notification as the same does not meet the requirements contemplated in Rule 144 of the Petroleum Rules, 2002 as well as Appendix-1B and Appendix-V of Ext.P1 (b) Brochure”.

3. Going by the pleadings in the writ petition, the appellant is aggrieved by the grant of Ext.P11 No Objection Certificate dated 12.03.2025 issued by the 3rd respondent District Collector under Rule 144 of the Petroleum Rules, 2002 , for the site obtained on lease by the 6th respondent Mannadi Service Cooperative Bank Ltd, by Ext.P2 lease deed dated 14.08.2023 registered as document No.409/2023, executed by one Smt.Rajamma, to apply for licence for the storage of petroleum products by the 4th respondent Indian Oil Corporation Ltd. According to the appellant, he is the absolute owner in possession and enjoyment of 10.2 Ares of property comprised in resurvey No.300/5, Block No.15 of Kadampanadu Village of Adoor Taluk with a residential building therein. The 6th respondent Mannadi Service Cooperative Bank Ltd, by Ext.P2 lease deed had taken on lease 12.14 Ares of property in resurvey No.100/6 and 300/7 of Kadampanadu Village for the purpose of starting petroleum outlet for a period of 25 years from it’s owner Smt.Rajamma. The appellant contends that for the commencement of the business and entering into Ext.P2 lease arrangement, the 6th respondent had to obtain prior sanction in writing from the Registrar of Co-operative Societies under Rule 54 of the Kerala Co-operative Societies Rules. But the 6th respondent did not obtain any such sanction to apply for the dealership.

4. On 17.10.2023, the 6th respondent has been selected as a dealer of the petroleum outlet to be installed in the property covered in Ext.P2 lease deed. The appellant then submitted Ext.P5 representation dated 16.01.2024 before the 3rd respondent against the sanctioning of the dealership licence for the site proposed, pointing out that his property is adjoining to the proposed site and there is a Panchayat road passing through the north-south direction abutting the proposed site on its western side. Later, the appellant came to know that though the 6th respondent Bank was selected for the grant of dealership for the petroleum outlet with respect to the site, the application for the grant of No Objection Certificate under Rule 144 of the Petroleum Rules before the 3rd respondent

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