IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 35424 of 2009(W) -------------------------- PETITIONER(S): --------------- SEBASTIAN GEORGE, S/O.GEORGE, VALLIALIL HOUSE, AMAYANNOOR POST, KOTTAYAM-686 025. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: COPY OF THE LETTER OF INTENT DATED 12.10.2009 BY THE HINDUSTAN PETROLEUM CORPORATION LTD. Ext.P2: COPY OF THE APPLICATION DATED 10.10.2009 BEFORE THE RESPONDENT. Ext.P3: COPY OF THE LETTER DATED 5.11.2009 BY THE AYARKUNNAM GRAMA PANCHAYATH Ext.P4: COPY OF THE LETTER DATED 9.11.2009 BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE Ext.P5: COPY OF THE REPORT DATED 3.11.2009 BY THE VILLAGE OFFICER, AYARKUNNAM Ext.P6: COPY OF THE LETTER DATED 3.12.2009 BY THE EXECUTIVE ENGINEER. /True copy/ P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 35424 of 2009 - W ---------------------------------------- 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