Suneesh Chandra Bose M.T vs. The Sub Inspector Of Police

W.P.(C) No. 17463 of 2018 has been filed by the petitioners therein for a direction to be given to the respondents concerned to ensure that no obstruction is caused to the petitioners in proceeding with the running of godown in the premises in respect of which he has obtained necessary consent / No-objection certificates / licenses. W.P.(C) No. 25352 of 2018 has been filed by the very same petitioner seeking to set aside the order dated 19.07.2018 [produced as Ext. P9 therein] whereby a 'stop memo' has been issued by the Local Authority. W.P.(C) No. 25829 of 2018 [present writ petition] has been filed seeking for police protection because of the forceful obstruction being caused by the party respondents with regard to the running of the gas godown, paying scant regards to Ext. P9 interim order passed by a learned single Judge of this Court in W.P. (C) No.25352 of 2018 [which order is stated as being extended from time to time].

Heard the learned counsel appearing for the parties and the learned senior Government Pleader appearing for the respondents.

The case of the petitioner is that an application was filed for issuance of D & O licence in terms of the relevant provisions of law. Since the same was not acted upon by the Local Authority on time, on expiry of the stipulated period, it is contended that the petitioner has obtained 'deemed licence'. The said version is sought to be rebutted by the learned counsel for the Local Authority and the party respondents.

The learned standing counsel appearing for the Panchayath submits that Exhibit P9 order passed by the learned single Judge in the writ petition concerned, was without hearing the Panchayath and that the version of the Panchayath has already been brought up for consideration by filing counter affidavit in the said writ petition.

When this writ petition came up for consideration before this Court on 03.08.2018, we made it clear that, in so far as Exhibit P9 interim order was in force, the same would be hold the field; thus granting the relief to the said extent.

There is no dispute that Ext. P9 interim order is in force. In the said circumstances, we dispose of this writ petition making the interim order absolute. However, the further course of action will depend upon the outcome of the other writ petitions as mentioned above. We also make it clear that we have not dealt with the merits involved and the parties are at liberty to move the appropriate Bench where the matter is pending, for appropriate relief, including modification of Ext. P9 interim order; if any sought for. P.R.RAMACHANDRA MENON JUDGE DEVAN RAMACHANDRAN JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LETTER OF APPOINTMENT ISSUED BY M/S.HINDUSTAN PETROLEUM CORPORATION LTD. DATED 31/01/2018. EXHIBIT P2OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL. EXHIBIT P3OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, KOZHIKODE, DATED 14/06/2017. EXHIBIT P4OF THE NO OBJECTION CERTIFICATE ISSUED BY ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE, IN FAVOUR OF THE PETITIONER FOR CONDUCTING GAS GODOWN. EXHIBIT P5OF THE STATUTORY LICENCE IN FAVOUR OF THE PETITIONER. EXHIBIT P6OF THE REGISTRATION CERTIFICATE ISSUED UNDER GST RULES IN FAVOUR OF THE PETITIONER. EXHIBIT P7OF THE APPLICATION FOR ISSUING D & O LICENCE IN FAVOUR OF THE PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P8OF THE COMMUNICATION DATED 19/07/2018 ISSUED BY THE SECRETARY, ERAMALA GRAMA PANCHAYATH. EXHIBIT P9OF THE INTERIM ORDER IN W.P.(C) NO.25352/18 DATED 27/07/2018. EXHIBIT P10OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT SEEKING POLICE PROTECTION DATED 12/7/18. kmd