Sabu K.K. vs. Union Of INDIA Represented By The Secretary TO Government
Held
The Court held that the circulars issued by the KSPCB regarding siting requirements for petroleum outlets cannot be insisted upon in view of a Supreme Court judgment. The Court also found that there was no requirement to obtain consent from the KSPCB in certain cases.
Facts
The petitioners are aggrieved by the refusal or rejection of their applications for No Objection Certificates (NOCs) or consent to establish for petroleum retail outlets. This refusal was often based on circulars issued by the Kerala State Pollution Control Board (KSPCB) regarding siting requirements.
Key Issues
Whether KSPCB circulars on siting requirements for petroleum outlets are legally tenable in light of Supreme Court pronouncements. Whether consent from KSPCB is mandatory for establishing 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
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.