Suneesh Chandra Bose M.T. vs. Eramala Grama Panchayath - Kerala High Court, 29 January 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUE AY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940 WP(C).No. 17463 of 2018 PETITIONER/S: SUNEESH CHANDRA BOSE M.T. AGED 41, S/O.THAMPY, MANGANNA NIVARTH HOUSE, KALAVAMKODAM P.O., CHERTHALA, ALAPPUZHA,PIN-688 586. BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA RESPONDENT/S: 1 ERAMALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ERAMALA, ORKKATTERY P.O., PIN: 673 501. 2 THE SECRETARY, ERAMALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ERAMALA,ORKKATTERY P.O., PIN: 673 501. *ADDL. R3 SHEEJA MANOHARAN, AGED 38 YEARS, W/O MANOHARAN, RESIDING AT LEKSHMI BHAVAN, KURUNHALIYODE PO, KOZHIKODE. (*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05/10/2018 IN IA.NO.14270/2018) BY ADVS. R1 & R2 BY SRI. N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN ADDL.R3 BY SRI. NEMOM CHANDRA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2019, ALONG WITH WP(C).25352/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) Nos.17463 & 25352 of 2018 2 JUDGMENT The captioned writ petitions are materially connected and filed by one and the same petitioner, in respect of the D&O licence application submitted and also challenging Ext.P9 order by which the petitioner was directed to stop functioning of a Gas Godown, respectively. Therefore, I heard them together and propose to deliver this common judgment.

The basic contention advanced by the petitioner in these writ petitions is that, petitioner has secured necessary clearances and licences for conducting the Gas godown in the building bearing Door No.13/123B of the 1st respondent Grama Panchayat. In view of the statutory licences, petitioner has filed application on 08.03.2018 for issuing D&O licence for conducting Gas godown in the premises in question. Even though the said application was acknowledged on the same date, the respondents did not pass any orders on it within the statutory period of 30 days. Therefore, petitioner is entitled to get deemed D&O licence for conducting its business by virtue of Sec.236(3) of the Kerala Panchayat Raj Act, 1994. But the functioning of the business premises is being

W.P.(C) Nos.17463 & 25352 of 2018 3 obstructed by the respondents and their men, and it was under the said circumstances, seeking appropriate reliefs, W.P.(C) No.17463 of 2018 is filed.

A counter affidavit is filed by respondents 1 and 2, refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, a Vigilance enquiry is pending with respect to reclamation of land in which the construction is carried out. So also, the building permit was given for commercial purposes, but the same is attempted to be made as a godown for storing LPG. The Panchayat has refused to grant number to the building on the said ground, and at that point of time, petitioner approached this Court, and on the basis of the direction issued by this Court, the building was numbered. However, the issue with respect to entitlement of D&O licence in connection with the activity was left open. Now petitioner is trying to get licence for the godown, which is not permissible, since the building permit was granted to the petitioner to carry on a commercial activity in the built up premises.

During the pendency of the said writ petition, as per Ext.P9, licence was refused. It is thus

W.P.(C) Nos.17463 & 25352 of 2018 4 challenging Ext.P9, W.P.(C) No.25352 of 2018 is filed. The contentions raised therein are also typical in nature. However, realizing the situation, now petitioner has submitted Ext.P11 application, produced along with I.A.No.2/2019, seeking category change of the building in accordance with the provisions of the Kerala Panchayat Building Rules, 2011. Learned counsel for the petitioner submitted that, situation would suffice, if a direction is issued to the Secretary of the Grama Panchayat to finalize Ext.P11 in accordance with law.

Having heard the respective counsel across the Bar and perusing the pleadings and the documents on record, I am of the considered opinion that, since Ext.P11 is a statutory application as per the provisions of Rules, 2011, it can be directed to be considered within a time frame. Accordingly, there will be a direction to the Secretary of the Grama Panchayat to finalize Ext.P11 application, at the earliest possible time, and at any rate, within a month from the date of receipt of a copy of this judgment.

When W.P.(C) No.25352 of 2018 was admitted to the files of this Court, an interim order was granted on 27.07.2018, so as to avert the possibility of short-

W.P.(C) Nos.17463 & 25352 of 2018 5 supply of Gas, and the same was being extended time and again, which is in force even today. The said order granted by this Court will continue to be in force till a decision is taken, as directed above. The writ petitions are disposed of accordingly. SHAJI P.CHALY JUDGE St/- 30.01.2019

W.P.(C) Nos.17463 & 25352 of 2018 6 APPENDIX OF WP(C) 17463/2018 PETITIONER'S/S EXHIBITS: EXHIBIT-P1:OF THE LETTER OF APPOINTMENT ISSUED BY M/S.HINDUSTAN PETROLEUM CORPORATION LTD. DATED 31.01.2018. EXHIBIT-P2:OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL. EXHIBIT-P3:OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, KOZHIKODE, DATED 14/06/2017. EXHIBIT-P4:OF THE NO OBJECTION CERTIFICATE ISSUED BY DISTRICT POLICE CHIEF, KOZHIKODE, IN FAVOUR OF THE PETITIONER FOR CONDUCTING GAS GODOWN. EXHIBIT-P5:OF THE STATUTORY LICENCE IN FAVOUR OF THE PETITIONER. EXHIBIT-P6:OF THE REGISTRATION CERTIFICATE ISSUED UNDER GST RULES IN FAVOUR OF THE PETITIONER. EXHIBIT-P7:OF THE REGISTRATION CERTIFICATE ISSUED UNDER GST RULES IN FAVOUR OF THE PETITIONER. RESPONDENTS' EXHIBITS: NIL //// P.S. TO JUDGE St/-