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2019 Supreme(Online)(KER) 58463

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
VIJAYA MANOHAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.R.SUNIL KUMAR Smt.A.SALINI LAL SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM

J U D G M E N T

In terms of Rule 144 of the Petroleum Rules, 2002 (the Rules) framed under the Petroleum Act, 1934 (the Act), No-objection certificate of the District Authority under the

142 Rules is a mandatory pre-requisite for obtaining licence for establishing petroleum retail outlets. The question involved in this batch of writ petitions is whether No-objection certificate for the said purpose could be denied on the ground that the site proposed for the outlet is not one conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress (IRC Guidelines) and the Norms for the Access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways, Government of India (MORTH Norms).

2. The batch comprises of four categories of cases, of which the first category are cases in which dealers selected by oil marketing companies are seeking orders directing the District Authorities under the Rules to consider the applications preferred for No-objection certificates in respect of their outlets without insisting compliance of IRC Guidelines and MO

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