Anu Shaji vs. Kerala State Pollution Control Board
Held
The High Court held that the circulars issued by the KSPCB regarding siting requirements cannot be insisted upon in view of the Supreme Court judgment in Indian Oil Corporation v. V.B.R.Menon & Ors. The Court also noted that the Supreme Court held there was no requirement to obtain consent from the KSPCB.
Facts
The petitioners are aggrieved by the refusal to consider their applications for consent to establish or NOC for petroleum retail outlets by the KSPCB authorities. This refusal was based on circulars issued by the KSPCB regarding siting requirements.
Key Issues
Whether the circulars issued by the KSPCB regarding siting requirements for petroleum outlets are valid in light of the Supreme Court's decision. Whether consent from KSPCB is mandatory for setting up petroleum retail outlets.
AI-generated summary — verify with the full judgment below
WP(C)Nos.11517/2020 & con.cases 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 11517 OF 2020 PETITIONERS: 1 MOHAMMED MEHTHAR AGED 61 YEARS S/O.PAREED MEHTHAR, PAYYIL HOUSE, MARIYATHURUTHU P.O., KOTTAYAM, PIN-686017. 2 SUBEESH BABU, AGED 36 YEARS S/O.BABU, VELLARIMATTATHIL HOUSE, UZHAVOOR P.O., KOTTAYAM. BY ADV SRI K.R.VINOD RESPONDENTS: 1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN-686001. 2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN-686001. 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, OFFICE OF THE EXECUTIVE ENGINEER, KOTTAYAM, PIN-686001. 4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001. 5 CENTRAL POLLUTION CONTROL BOARD, PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI, PIN-110032, REPRESENTED BY TIS CHAIRMAN. 6 KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS CHAIRMAN. 7 I
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