Suneesh Chandra Bose.M.T vs. Eramala Grama Panchayath
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNE AY, THE 17TH DAY OF APRIL 2019 / 27TH CHAITHRA, 1941 WP(C).No. 12427 of 2019 PETITIONER/S: SUNEESH CHANDRA BOSE.M.T AGED 41 YEARS, S/O THAMPY, MANGANNA NIVARTH HOUSE, KALAVAMKODAM P.O, CHERTHALA ALAPPUZHA - 688586 BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA RESPONDENT/S: ERAMALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ERAMALA, ORKKATTERY P.O, PIN 673501 THE SECRETARY, ERAMALA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ERAMALA, ORKKATTERY P.O PIN 673501 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT THIRUVNANTHAPURAM - 695001 R3 BY SRI. K.P.HARISH, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12427 of 2019 2 JUDGMENT The subject matter of this writ petition relates to a godown conducted by the petitioner herein, based on a dealership of Hindustan Petroleum Corporation for distributing liquified petroleum gas.
Exhibit P10 judgment was rendered by this court, permitting the petitioner to submit an application seeking category change of the building in accordance with the Panchayat Building Rules, 2011 and pursuant to which, now Ext.P11 order is passed by the Panchayat, declining change of category as is sought for by the petitioner.
Aggrieved by the same, petitioner has submitted Ext.P12 appeal before the Tribunal for Local Self Government Institutions along with a stay application, which are pending consideration.
The grievance put forth by the petitioner in this writ petition is that, during the pendency of the appeal and stay application, Ext.P13 stop memo is issued by the Secretary of the Grama Panchayat dated 28.03.2019, and thus seeks appropriate interference under Article 226 of the Constitution of India.
I have heard learned counsel for the petitioner and learned Government Pleader and perused the
WP(C).No. 12427 of 2019 3 pleadings and the documents on record.
The discussion of facts made above would make it clear that, the grievance of the petitioner is pending adjudication before the Tribunal along with the stay petition. Ext.P13 is only a consequential action initiated by the Secretary pertaining to Ext.P11 order.
Therefore, if the petitioner is aggrieved, petitioner will have to make necessary challenge against the same also before the Tribunal, since it is a consequential action. However, to enable the petitioner to put forth necessary relief in accordance with Ext.P13 also, petitioner is granted 10 days time from today and the coercive action pertaining to Ext.P13 will remain suspended for a period of 10 days in order to avoid the possibility of short supply of gas cylinders. Thereafter, petitioner will be guided by the orders passed by the Tribunal. The writ petition is disposed of accordingly. SHAJI P.CHALY JUDGE uu 17.04.2019
WP(C).No. 12427 of 2019 4 APPENDIX PETITIONER'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 TO ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE, IN FAVOUR OF THE PETITIONER FOR CONDUCTING GAS GODOWN EXHIBIT P5OF THE STATUTORY LICENSE 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 LICENSE IN FAVOUR OF THE PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT EXHIBIT P8OF THE COMMUNICATION DATED 19.07.2018 AFFIXED ON THE PREMISES OF THE PETITIONER EXHIBIT P9 THE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND THE OWNERS OF THE LANDED PROPERTY, BEFORE THE 2ND RESPONDENT, SEEKING TO CHANGE THE CATEGORY OF OCCUPANCY,DATED 24.01.2019
WP(C).No. 12427 of 2019 5 EXHIBIT P10 THE COPY OF THE COMMON JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.17463/2018 AND WP(C) NO.25352/2018, DATED 29.01.2019 AND 14.09.2018 EXHIBIT P11 THE ORDER OF THE 2ND RESPONDENT REJECTING THE APPLICATION TO CHANGE THE CATEGORY OF OCCUPANCY, DATED 27.02.2019 EXHIBIT P12 THE COPY OF THE APPEAL PREFERRED BY THE PETITIONER AND THE OWNERS OF THE LANDED PROPERTY, BEFORE THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM AS APPEAL NO.269/2019 EXHIBIT P13 THE COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER HEREIN DATED 28.03.2019. RESPONDENT'S EXHIBITS:NIL //// P.A. TO JUDGE
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