T.P. RAGHAVAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioners claim that they are the permanent residents of Ward Nos.9 and 10 of Chemanchery Grama Panchayat. The Writ Petition is filed challenging Ext.P1 Building Permit dtd. 13/8/2024 issued by the Respondent No.4 to the Respondents Nos.9 to 11 and Ext.P10 No Objection Certificate dtd. 24/5/2024 issued by the Respondent No.2 to the Respondent No.7 under Rule 144 of the Petroleum Rules, 2002, for the establishment of a Petroleum Retail Outlet in their neighbourhood. They contend that the Respondent No.12 is illegally attempting to establish a Petroleum Retail Outlet as the Dealer of the Respondent No.7/Oil Marketing Company in the land taken for lease from the Respondents Nos.9 to 11, in violation of Ext.P3 Central Pollution Control Board (CPCB) Guidelines and the Kerala Panchayat Building Rules, 2019 (hereinafter referred to as the 'KPBR'). There are several residential buildings within the prohibited distance of 30 Meters from the proposed Petroleum Retail Outlet.

(2.) The Respondent No.3 has filed Counter Affidavit dtd. 21/2/2026, the Respondent No.7 has filed Counter Affidavit dtd. 13/5/2026 and the Respondents Nos.9 to 12 have filed Counter Affidavit dtd. 25/9/2025 opposing the prayers in the Writ Petition and the Petitioners have filed Reply Affidavits dtd. 1/3/2026, 7/6/2026 and 19/10/2025 answering the contentions in the said three Counter Affidavits.

(3.) I heard the learned Counsel for the Petitioners, Sri.Salahudin A.V.M., the learned Senior Government Pleader, Smt.Rajani K.N., for the Respondents Nos.1, 2 & 8, the learned Counsel for the Respondents Nos.3 & 4, Sri. P.V. Anoop, the learned Counsel for the Respondent No.7, Sri. Paulose C. Abraham, and the learned Counsel for the Respondents Nos.9 to 12, Sri. A. Salini Lal.