IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35424 of 2009(W)
1. SEBASTIAN GEORGE, S/O.GEORGE,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :21/12/2009
O R D E R
P.N.RAVINDRAN,J.
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W.P.(C) No. 35424 of 2009 – W
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Dated 21st December, 2009
Judgment
M/s.Hindustan Petroleum Corporation Limited has issued
Ext.P1 Letter of Intent dated 12.10.2009 to the petitioner for
appointment as dealer in Ayarkunnam in Kottayam district.
The grievance voiced by the petitioner is that though
immediately thereafter he had submitted Ext.P2 application
dated 16.10.2009 to the District Collector, Kottayam for the
grant of a no objection certificate under rule 143 of the
Petroleum Rules, 2002, till date orders have not been passed
thereon notwithstanding the fact that all the authorities have
recommended grant of a no objection certificate. In this writ
petition, the petitioner seeks a direction to the District
Collector to pass orders on Ext.P2 application for the grant of a
no objection certificate.
2. The pleadings and the submissions made at the Bar
disclose that though the petitioner has submitted Ext.P2
W.P.(C) No.35424/2009 2
application dated 16.10.2009 to the District Collector,
Kottayam, for the grant of a no objection certificate, the
District Collector is yet to take a decision in the matter. Ext.P1
Letter of Intent disclose that the petitioner has been selected
for appointment as a dealer. The petitioner can start
functioning as a dealer only on production of a no objection
certificate. Ext.P2 is dated 16.10.2009. More than two
months have passed thereafter. The Divisional Officer, Fire
and Rescue Services, Thiruvananthapuram and the Secretary
of the local authority where the Petroleum outlet is proposed
to be set up have stated that they have no objection to the no
objection certificate being issued. The Village Officer,
Ayarkunnam village has also reported that a no objection
certificate can be issued. The Public Works Department has
also certified that they have no objection for establishing a
petroleum outlet in the proposed site. In such circumstances, I
am of the opinion that the District Collector should consider
Ext.P2 and pass orders thereon expeditiously.
W.P.(C) No.35424/2009 3
I accordingly dispose of this writ petition with a direction
to the District Collector, Kottayam to consider Ext.P2
application and pass orders thereon expeditiously and in any
event within two months from the date on which the petitioner
produces a certified copy of this judgment before him. The
District Collector shall after orders are passed communicate a
copy thereof to the petitioner and the Senior Regional
Manager, Hindustan Petroleum Corporation Limited, Ernakulam
North P.O., Cochin 682018.
P.N.RAVINDRAN
Judge
vaa