2020 (1) TMI 1196

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....rties and Exhibits are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.26114 of 2019. 2. The petitioner owns an item of property abutting Ithikkara - Adhichanallur in Kollam district maintained by the Public Works Department of the State Government. He has been sanctioned by the fifth respondent, an Oil Marketing company, to establish a retail outlet of petroleum products in the said property. In order to facilitate the establishment of the petroleum outlet sanctioned to the petitioner, the fifth respondent applied for Noobjection Certificate provided for under Rule 144 of the Petroleum Rules, 2002 (the Rules) before the District Authority under the Rules, namely, the fourth respondent. The case set o....

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....r dated 01.10.2019, No-objection Certificate sought by the fifth respondent in respect of the petroleum outlet proposed by the petitioner has been granted without insisting compliance of the IRC guidelines for the property. The said No-objection Certificate is under challenge in W.P.(C)No.33630 of 2019 on the ground that steps have already been taken to incorporate the IRC Guidelines into the Manual of the Public Works Department and No-objection certificate ought not have been issued in respect of a property which does not conform to the IRC Guidelines. 5. Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned Standing Counsel for the fifth respondent. 6. It is seen that after the institution of....

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....ly to be dismissed. 7. The learned counsel for the petitioner, however, pointed out that in the light of the No-objection Certificate issued by the District Authority pursuant to the interim order passed by this Court on 01.10.2019, the petroleum outlet has been commissioned and irreparable injury would be caused to the petitioner, if the writ petition is dismissed. I do not find any merit in the said contention. In the interim order dated 01.10.2019, it was made clear that the No- Objection Certificate, if any, issued will be subject to the outcome of the writ petition. As such, if the petitioner has done something pursuant to the interim order, he is presumed to have done the same at his own risk and he cannot take advantage of the same ....