Kerala High Court
Salam vs State Of Kerala on 9 March, 2026
2026:KER:20898
WPC No.7651 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
MONDAY, THE 9TH DAY OF MARCH 2026 / 18TH PHALGUNA, 1947
WP(C) NO. 7651 OF 2026
PETITIONER
SALAM,
AGED 51 YEARS,
S/O. ABDURAHMAN, RESIDING AT KOTTIL HOUSE,
TANUR TOWN, TANUR P.O, MALAPPURAM DISTRICT,
PIN - 676302
BY ADVS.
SHRI.P.P.RAVOOF
SRI.P.T.SHEEJISH
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE, MALAPPURAM,
MALAPPURAM DISTRICT,
PIN - 676505
3 THE EXECUTIVE ENGINEER,
HARBOUR ENGINEERING DEPARTMENT, PONNANI,
MALAPPURAM DISTRICT,
PIN - 679583
4 THE DISTRICT FISHERIES OFFICER,
FISHERIES DEPARTMENT, FISHERIES STATION, PONNANI,
MALPPURAM DISTRICT,
2026:KER:20898
WPC No.7651 of 2026
2
PIN - 679577
5 DEPUTY DIRECTOR OF FISHERIES,
FISHERIES STATION, PONNANI, MALPPURAM DISTRICT,
PIN - 679577
6 KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LIMITED (MATSYAFED)
KAMALESWARAM, MANACAUD P.O THIRUVANANTHAPURAM
DISTRICT,
PIN - 695009
SMT.K.V.RASHMI-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:20898
WPC No.7651 of 2026
3
JUDGMENT
Dated this the 9th day of March, 2026
1. Petitioner has filed this Writ Petition challenging Ext.P5 NOC issued by the Respondent No.2/District Collector under Rule 144 of the Petroleum Rules, 2002, to establish a Petroleum outlet in the harbour complex in Tanur for dispensing fuel to the fishing vessels. According to the Petitioner, the Petitioner is a member of the Harbour Management Committee constituted by the Government of Kerala for the proper development, management, and supervision of Tanur Harbour. Petitioner had approached this Court earlier by filing a Writ Petition which ended in Ext.P4 judgment in which this Court directed the District Collector to consider the Representation submitted by the Petitioner and take an appropriate decision in the matter. It is thereafter that the Ext.P5 Order was passed by the District Collector.
2. It is seen from Ext.P5 that the land pointed out by the Petitioner is found not suitable for establishing the 2026:KER:20898 WPC No.7651 of 2026 4 petroleum outlet, and the NOC was given on the basis of the Comments of the other authorities which are required under Rule 144 of the Petroleum Rules.
3. The contention of the learned Counsel for the Petitioner is that before passing Ext.P5, the Harbour Management Committee ought to have been consulted. Hearing of the Petitioner alone is not sufficient, and the entire Harbour Management Committee ought to have been heard before passing Ext.P5 Order. I am unable to accept the said contention. There is no requirement under Rule 144 of the Petroleum Rules that the Harbour Management Committee is to be heard before passing an Order under Rule 144 of the Petroleum Rules. Of course, if the Harbour Management Committee had any interest, it could have represented the same before the District Collector before passing the Order under Rule 144. The Petitioner alone submitted Representation and this Court directed consideration of his Representation, and it is only after considering his objections, Ext.P5 Order was 2026:KER:20898 WPC No.7651 of 2026 5 passed. Petitioner could not point out any adverse report from any authority specified under Rule 144 of the Petroleum Rules. District Collector specifically found that the land suggested by the Petitioner is not suitable. This Court sitting in the jurisdiction under Article 226 of the Constitution of India cannot substitute the expert opinion of the authorities.
4. I do not find any ground or reason to interfere with Ext.P5. Accordingly, this Writ Petition is dismissed.
Sd/-
M.A.ABDUL HAKHIM JUDGE Cak 2026:KER:20898 WPC No.7651 of 2026 6 APPENDIX OF WP(C) NO. 7651 OF 2026 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26.11.2024 EXHIBIT P2 THE TRUE COPY OF THE RESOLUTION PASSED BY THE 2ND RESPONDENT HEREIN IS DATED 25.10.2025 EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER HEREIN DATED 06.12.2025 BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONORABLE COURT IN W.P.(C) NO. 46281 OF 2025 DATED 08.12.2025 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 10.02.2026 IN FILE NO. DCMPM/14594/2024-L6 PASSED BY THE 2ND RESPONDENT