Petitioner challenged panchayat proceedings regarding firework storage. Court held amended rules apply for small floor areas, quashed notice, and directed reconsideration.
Quashed proceedings reflected in Ext.P6; directed the respondent panchayat to reconsider the issue and pass formal orders within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
WP(C).NO. 6866 OF 2015 (G)
PETITIONER(S):
JAYAKUMAR MENON, "MANAKKAL", 'KODUVELI' HOUSE, NEAR SHANKARAPURAM TEMPLE, MULAMKUNNATHUKAVU P.O., THRISSUR - 680 581.
BY ADVS.SRI.M.H.HANIL KUMAR, SMT.M.R.JAYALATHA, SRI.M.R.DHANIL.
RESPONDENT(S):
1. MULAMKUNNATHUKAVU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MULAMKUNNATHUKAVU P.O., THRISSUR, PIN - 680 581.
2. THE SECRETARY, MULAMKUNNATHUKAVU GRAMA PANCHAYATH, THRISSUR DISTRICT - 680 581.
3. DISTRICT TOWN PLANNER, THRISSUR CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.
R1 & R2 BY ADV. SRI.SHEEJO CHACKO. R3 BY GOVT. PLEADER SRI.JUSTIN JACOB.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).NO. 6866 OF 2015 (G)
APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT P1- | A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE THRISSUR DATED 12.02.2014. |
|---|---|
| EXHIBIT P2- | A TRUE OCPY OF THE LICENCE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES FOR THE POSSESSION AND SALE OF CHINESE CRACKERS DATED 04.07.2014. |
| EXHIBIT P2(A)- | A TRUE COPY OF THE LICENCE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES FOR THE POSSESSION AND SALE OF FIREWORKS/SPARKLES DATED 04.07.2014. |
| EXHIBIT P3- | A TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT TO THE FIRST RESPONDENT PANCHAYATH DATED 22.09.2014 ALONG WITH ENGLISH TRANSLATION. |
| EXHIBIT P3(A)- | A TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT TO THE FIRST RESPONDENT PANCHAYATH DATED 22.09.2014 ALONG WITH ENGLISH TRANSLATION. |
| EXHIBIT P4- | A TRUE CPY OF THE SITE PLAN OF THE PROPOSED SITE SUBMITTED BY THE PEITIONER TO THE FIRST RESPONDENT PANCHAYATH. |
| EXHIBIT P5- | A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER OF FIRE AND RESCUE DEPARTMENT DATED 22.12.2014 ALONG WITH ENGLISH TRANSLATION. |
| EXHIBIT P6- | A TRUE OCPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 30.01.2015 ALONG WITH ENGLISH TRANSLATION. |
| EXHIBIT P7- | A TRUE OCPY OF THE COMMUNICATION ISSUED BY THE OFFICE OF DEPUTY CHIEF CONTROLLER OF EXPLOSIVES TO THE PETITIONER DATED 30.01.2015. |
| EXHIBIT P8- | A TRUE COPY OF THE REPORT SENT BY THE THAHSILDAR, THRISSUR THALUK TO THE DISTRICT COLLECTOR ON 12.08.2013. |
| EXHIBIT P9- | A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 21/03/2015. |
| EXHIBIT P10- | A TRUE COPY OF THE REPORT SUBMITTED TO THE 1ST RESPONDENT BY THE ASSISTANT ENGINEER, LSGD MULAMKUNNATHUKAVU GRAMA PANCHAYATH DATED NIL. |
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WP(C).NO. 6866 OF 2015 (G)
EXHIBIT P11A TRUE COPY OF THE CONSENT ISSUED BY THE SECRETARY OF SHANKARAPURAM SREEKRISHNA TEMPLE DATED 27/10/2014.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.V.RAMAKRISHNA PILLAI, J.
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Dated this the 2nd day of June, 2015
JUDGMENT
The petitioner has approached this Court seeking directions
to the respondent panchayat to process Ext.P3 application for licence without insisting for the approval of the third respondent within the
time fixed by this Court after quashing Ext.P6 proceedings.
and Rescue Department as directed by the panchayat. The sanitation
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WP(C)6866/15
facility was also made. However, the panchayat has not issued a notice to him to produce 5 copies of plans and sketches to forward the same to the Town Planner for obtaining approval.
WP(C)6866/15 -:3:-
metres and shall be motorable. According to them, the building in the plot is having more than 300 sq. metres and the road is having only 4.30 metres width. It was also contended that sufficient sanitation facilities are also not provided as required under Rule 61 (8)(a). They would further contend that no proper application is filed and the petitioner is bound to submit a plan as per the scale prescribed in the building rules.
the respondents on account of Rule 61 of the building rules which insists for 7 metres wide road for hazardous occupancy. It was pointed out that by the amendment brought to sub rule (4) of the buildings rules in 2014, only 3 metre width is required if the floor area does not exceed 300 sq. metre. This amendment was as per SRO 26 of 2014 with effect from 13.1.2014. Admittedly the total
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WP(C)6866/15
area of the store house and sale rooms is less than 70 sq. mts.
Therefore, the only 3 metres wide road is required as the floor area does not exceed 300 sq. metres as per amended rules.
In the result, the writ petition is disposed of quashing Ext.P6 and directing the respondent panchayat to reconsider the issue in the light of what has been stated above and pass formal orders in the matter within a period of two weeks from the date of receipt of a copy of this judgment.
Sd/-
A.V.RAMAKRISHNA PILLAI JUDGE
krj
1 issue framed by the court
Whether the respondent panchayat is required to obtain town planner approval for processing the petitioner's firework storage licence application.
Jayakumar Menon
Mulamkunnathukavu Grama Panchayath
District Town Planner, Trissur
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
