SURESH BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner claims to be the owner of 10.2 Ares of land comprised in Re-Survey No.300/5 in Block No.15 of Kadampanadu Village in Adoor Taluk and the residential building thereon. The Petitioner is aggrieved by the issuance of Ext.P11 No Objection Certificate under Rule 144 of the Petroleum Rules, 2002, by the Respondent No.3 in his capacity as the District Magistrate to the Respondent No.4/Oil Marketing Company to establish a Petroleum Retail Outlet in a property situated near to his property. The Respondent No.4 obtained Ext.P11 No Objection Certificate to enable the Respondent No.6/Service Co-operative Bank to establish the Petroleum Retail Outlet as a dealer of Respondent No.4 in 12.14 Ares of land in Re-Survey Nos.300/6 & 300/7 of Kadampanad Village, which is covered by Ext.P2 registered Lease Deed executed by its landowner in favour of the Respondent No.6.

(2.) The Petitioner has filed this Writ Petition challenging Ext.P11 No Objection Certificate to declare that the Respondent No.4 does not have the competency to apply for No Objection Certificate under Rule 144 of the Petroleum Rules as the Respondent No.4 is not in lawful possession of the applied site and to declare that the said site is not suitable for establishing a Petroleum Retail Outlet as the same does not meet the requirements contemplated in Rule 144 of the Petroleum Rules as well as Appendix-IB and Appendix-V of Ext.P1(b) Brochure.

(3.) The Respondent No.3 has filed a Counter Affidavit dtd. 21/10/2025, the Respondent Nos.4 and 5 filed a Counter Affidavit dtd. 14/10/2025 and the Respondent No.6 has filed a Counter Affidavit dtd. 23/10/2025, opposing the prayers in the Writ Petition. The Petitioner has filed two Reply Affidavits dtd. 22/10/2025, controverting the contentions in the Counter Affidavits filed by Respondent No.3 and Respondent Nos.4 & 5, and a Reply Affidavit dtd. 30/10/2025, controverting the contentions in the Counter Affidavit filed by Respondent No.6.