2020 (1) TMI 1195 - HC - VAT and Sales Tax

Operation of petroleum outlet - compliance with the mandatory distance rule and other norms of Indian Road Congress and MoRTH, implemented by State of Kerala - HELD THAT - The directions as sought for can be granted. Accordingly, there will be a direction to the respondents 1 and 2 to consider the compliance with Ext.P2 as well as the IRC Guidelines, while considering the application for No Objection Certificate submitted by the 6th respondent for retail petroleum outlet in the property comprised in Survey No.65/4 of Arackapady Village, Kunnathunadu Taluk. Appropriate action shall be taken by the respondents in accordance with law taking note of the mandatory Distance Rule as contained in the IRC Guidelines - Petition disposed off.

Summary

Issues involved:
1. Compliance with mandatory distance rule and other norms of Indian Road Congress and MoRTH for starting a petroleum outlet.

Analysis:
The petitioner sought a writ of mandamus to prevent the issuance of a No Objection Certificate (NOC) to the 6th respondent for starting a petroleum outlet without ensuring compliance with mandatory rules. The petitioner argued that the authorities were not considering Ext.P2 Government Order and Indian Road Congress (IRC) guidelines, which were deemed mandatory by a previous court decision. The court heard arguments from both sides and concluded that the directions requested could be granted. The court directed respondents 1 and 2 to assess compliance with Ext.P2 and IRC Guidelines before issuing the NOC for the petroleum outlet. It emphasized the importance of adhering to the mandatory Distance Rule outlined in the IRC Guidelines. Consequently, the court ordered the writ petition in favor of the petitioner, instructing the authorities to act in accordance with the law and the specified guidelines.