SAJEEM T., Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has taken 27.54 Ares of land on lease in Mavoor Village in Kozhikode Taluk. The 5th respondent- company invited applications for starting petroleum retail outlets. The petitioner offered the said property, which is situated on the Mavoor-Calicut Medical College Road. The petitioner's application is approved by the 5 th respondent and the 5th respondent has issued Ext.P1 Letter of Intent. The 5th respondent has filed Ext.P2 application for NOC from the 4th respondent. However, the PWD is not giving NOC on the ground that the site does not comply with the "IRC : 12-2016 Unified Guidelines for Access Permission to Fuel Stations, Private Properties, Rest Area complexes and such Other Facilities Along National Highways" prescribed by the Indian Road Congress (IRC).

(2.) It appears that the 1st respondent-State of Kerala has adopted the IRC Guidelines for granting NOC to start petroleum outlets and for non-compliance of IRC/MORTH requirements, the 1st respondent has declined NOC to a number of applicants who wanted to start petroleum outlets.

(3.) Similarly situated persons filed a number of writ petitions before this Court. In some of the said writ petitions, a learned Single Judge granted interim orders directing the 1 st respondent to grant NOC provisionally subject to the outcome of the writ petitions. However, ultimately, those writ petitions were dismissed. The petitioners in those writ petitions filed writ appeals before a Division Bench of this Court.