Kerala High Court Upholds Petroleum Outlet Establishment Amid Compliance Dispute

Court Dismisses Plea Against Final Permission for Highway Access, Directs Representation Consideration

In a significant ruling, the Kerala High Court has upheld the establishment of a petroleum retail outlet by Respondent No. 11, dismissing a petition challenging the final permission for highway access. The petition was filed by Prasad K and others against the Land Revenue Commissioner and other respondents, asserting non-compliance with guidelines issued by the Ministry of Road Transport and Highways (MoRTH). The court, presided over by Justice M.A. Abdul Hakhim, deemed the petitioners' appeal under Rule 154 of the Petroleum Rules, 2002, as non-maintainable.

The case revolved around the issuance of a No Objection Certificate (N.O.C.) and provisional permission for access to the National Highway granted to the petroleum outlet. The petitioners argued that the establishment did not conform to MoRTH guidelines, particularly concerning site suitability and proximity to road intersections. However, the court noted that these concerns should have been raised before the provisional permission was granted, not after the construction was completed and final permission was sought.

Justice Abdul Hakhim emphasized that reopening the suitability assessment at the final permission stage was unwarranted and would unjustly affect the establishment, which had already made significant investments based on the provisional permission. The court further held that denying operational permission after such investments would violate Articles 19(1)(g) and 21 of the Constitution of India, which protect the right to practice any profession and the right to life and personal liberty, respectively.

While dismissing W.P.(C) No. 38776 of 2025, the court disposed of W.P.(C) No. 27507 of 2025 with a directive for Respondent No. 3 to consider the petitioners' representation, ensuring they are heard along with the respondents within three months. The ruling underscores the importance of procedural compliance and timely grievances in administrative processes.

Bottom Line:

Establishment of Petroleum Retail Outlet and access to National Highway - Compliance with MoRTH Guidelines and procedural norms under Petroleum Rules and Control of National Highways (Land and Traffic) Act, 2002 - Non-maintainability of appeal against N.O.C. issued by District Authority.

Statutory provision(s): Petroleum Rules, 2002, Control of National Highways (Land and Traffic) Act, 2002, Constitution of India Articles 19(1)(g) and 21

Prasad K v. Land Revenue Commissioner, (Kerala) : Law Finder Doc Id # 2809331