VIJEESH T.P Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner intends to start a petroleum retail outlet in Re-Survey No.53/11 of Naduva Village, Tirurangadi Taluk, Malappuram District. The proposal hit a hurdle when his application for approval of layout was refused by the Town Planner, alleging that the the outlet is at a curve and the stopping site distance is not available for the entry and exit of vehicles into the petrol pump. Petitioner challenges the communication issued by the second respondent, rejecting his application for layout approval.

(2.) The Mangalore Refinery and Petrochemicals Limited offered a petroleum retail outlet to the petitioner. A No Objection Certificate (for short 'the NOC') was issued to the petitioner under Rule 144 of the Petroleum Rules, 2002, for establishing the outlet in Re-Survey No.53/11 of Naduva Village.

(3.) Smt. A. Salini Lal, the learned counsel for the petitioner, relying upon the decision of this Court in W.A. No.1435 of 2022, submitted that once the District Collector granted NOC, the Town Planner is not empowered to reject the application for layout approval for the reasons stated in Ext.P4 and hence the writ petition ought to be allowed.