MARTIN JOSEPH Vs. JOSE.J.NECHIKATTU

JUDGEMENT

(1.) The petitioners have approached this Court alleging that the 1 st respondent is attempting to construct and commence operation of a petrol bunk in an area, which is now lying as a paddy land and which will require extensive conversion to make it ready for such an activity.

(2.) The petitioners say that, to their information, the 1 st respondent has already approached the 2 nd respondent - District Collector, Kottayam, under the provisions of Rule 144 of the Petroleum Rules, for obtaining a No Objection Certificate to start the petrol bunk and that the application is still pending before the said Authority as of now. The petitioners say that, as is clear from Ext.P5, the Village Officer has now furnished a report favourable to the 1st respondent before the 2nd respondent, presumably under his influence; and therefore, prays that the District Collector be directed not to grant any No Objection Certificate to the 1 st respondent for the purpose of commencement of the petrol bunk.

(3.) The petitioners have also made certain specific assertions regarding the land on which the petrol bunk is sought to be established, which are stated in paragraph 10 and 11 of the writ petition and they assert that none of these contentions have been adverted to by any of the competent Authorities as of now. The petitioners specifically allege that the property in question is a "paddy land", which is described as one in the Basic Tax Register and therefore, that the District Collector cannot grant any permission to convert the same for the purpose of the activity now proposed by the 1st respondent. The petitioners thus pray that the District Collector be directed not to grant any No Objection Certificate under Rule 144 of the Petroleum Rules to the 1st respondent.