The petitioner applied for a Retail Outlet Dealership of Hindustan Petroleum Corporation at Cherukunnu in Kannur District under O.P Category and all the required formalities were duly complied with by the petitioner. After having satisfied with the eligibility requirements, the petitioner was duly selected. The 5th respondent accordingly issued Ext.P1 letter of intent in favour of the petitioner, so as to comply with the required statutory formalities. The 5th respondent company requested the 1st respondent to make enquiries and forward No Objection Certificate. The 1st respondent in turn, by communication dated 25/02/2010 directed the respondents 2 to 4 as well as the Divisional Forest Officer, Fire and Rescue Services, the Executive Engineer, P.W.D (Roads), Kannur and the Secretary, Cheruthazham Grama Panchayath, to conduct enquiry in W.P.(C).No.14801 of 2014 2 the matter and report whether there is any objection in granting N.O.C as applied for. After detailed enquiry, except the 2nd and 4th respondents submitted report stating that those authorities have no objection in opening a retail outlet as proposed in the property in question. But, 2nd and 4th respondents have sent communications making adverse recommendation.
2. It is the case of the petitioner that, the 2nd and 4th respondents have exceeded the jurisdiction vested in them and made adverse recommendation which is not sustainable under law and orders made under by the higher competent and proper authorities with whom those matters are dealt with. It is also submitted that the adverse recommendation in Ext.P10 is not sustainable and illegal in view of Exts.P11, P12 and P13.
3. Having regard to the submissions made at the Bar by the learned counsel for the petitioner, I am of the opinion that it is premature to make a decision on the sustainment W.P.(C).No.14801 of 2014 3 of Exts.P9 and P10 at this stage, under the Writ Jurisdiction. It is for the 1st respondent to consider the sustainment of Exts.P9 and P10 at the earliest. However, the 1st respondent is directed to take a final decision in the matter of granting No Objection Certificate for setting up the Petroleum Retail Outlet by the petitioner in the land comprised in R.S.No.561/2 and 561/3 in Cheruthazham Village in Kannur Taluk, within a period of two months from today, after affording an opportunity of being heard to the petitioner. It is made clear that the petitioner can raise the contentions against Exts.P9 and P10 before the 1st respondent and the 1st respondent is free to take a decision independently on the sustainment of Exts.P9 and P10 also.
The writ petition is disposed of.
Stu //True copy// P.A to Judge K.HARILAL, JUDGE.