Disposed

Beena Balachandran v. Haripad Municipality

Kerala HC6 Feb 2018WP(C)/787/2018

Case brief

AI extract

What is this about?

The petitioner sought relief regarding LPG license renewal requirements after jurisdictional change. The court directed petitioners to file a proper Pollution Control Board application within two weeks and direct the Municipality to consider the license within one month of document production.

What did the court decide?

Direction to petitioners to file proper Pollution Control Board application within two weeks; Municipal to consider licence application within one month of document production.

Beena Balachandran Vs Haripad Municipality — Environment and Pollution | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939

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WP(C).No. 787 of 2018

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---------------------

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PETITIONER(S)

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1 BEENA BALACHANDRAN, W/O. BALACHANDRAN, AGED 41 YEARS, VILAYIL HOUSE, KADAKKAL, KOLLAM 691 534, MANAGING PARTNER, SREEKUMAR AGENCIES, INDANE DISTRIBUTOR, HARIPAD, ALAPPUZHA 690 514. 2 N.KUMARAN NAIR, S/O. LATE NARAYANA KURUP, AGED 49 YEARS, THATTAKAD, CHETTIKULANGARA P.O, MAVELIKKARA ALAPPUZHA, PARTNER, SREEKUMAR AGENCIES, INDANE DISTRIBUTOR, HARIPAD, ALAPPUZHA 690 514.

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BY ADVS.SRI.AYYAPPAN SANKAR SRI.JAYAN JOHN SMT.S.HRIDYA

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RESPONDENT(S):

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1. HARIPAD MUNICIPALITY, REPRESENTED BY SECRETARY, HARIPAD P.O, ALAPPUZHA 690 514.

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2. POLLUTION CONTROL BOARD, REPRESENTED BY CHAIRMAN, OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM 659 001.

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3. THE COMMERCIAL MANAGER [INDANE L.P.G], INDIAN OIL CORPORATION LTD, PANAMPILLY NAGAR, KOCHI 682 031.

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R1 BY ADV. SRI.ARUNKUMAR M.R. SC, R2 BY ADV. SRI. T.NAVEEN SC, R3 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 787 of 2018 (W)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXHIBIT P1.	TRUE PHOTOCOPY OF D&O LICENCE FEE REMITTANCE RECEIPT DATED 28.1.89 ISSUED BY HARIPAD GRAMA PANCHAYAT.
EXHIBIT P2.	TRUE PHOCOPY OF LICENCE FEE REMITTANCE RECEIPT DATED 3.11.91 ISSUED BY PALLIPAD GRAMA PANCHAYAT.
EXHIBIT P3.	TRUE PHOCOPY OF LATEST EXPLOSIVE LICENCE RENEWED UP TO 30.09.18 ISSUED BY CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION.
EXHIBIT P4.	TRUE PHOTOCOPY OF LICENCE DATED 22.4.16 ISSUED BY IST RESPONDENT.
EXHIBIT P5.	TRUE PHOTOCOPY OF LETTER DATED 5.5.17 ISSUED BY IST RESPONDENT.
EXHIBIT P6.	TRUE PHOTOCOPY OF INTERIM ORDER DATED 12.6.15 OF THIS HONOURABLE HIGH COURT IN WPC 17646/2015.
EXHIBIT P7.	TRUE PHOTOCOPY OF INTERIM ORDER DATED 15.1.16 OF THIS HONOURABLE COURT IN WPC 29243/2015.
EXHIBIT P8.	TRUE PHOTOCOPY OF COMMUNICATION DATED 11.1.13 ISSUED BY ENVIRONMENTAL ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE TO THE SECRETARY, KUNNUMMAL GRAMA PANCHAYATH.
RESPONDENTS EX	HIBITS: NIL

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K.V. P.S.TO JUDGE

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SHAJI P. CHALY, J.

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W.P.(C). No. 787 OF 2018

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Dated this the 06^th day of February, 2018

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JUDGMENT

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Petitioners are engaged in the business of

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distribution of LPG cylinders for domestic use under the name and style of 'Sreekumar Agencies', ever since the year 1987 allegedly with all licenses and clearances, evident from Ext.P1, P2 and P3. In the year 2016, the two Grama Panchayats, where the LPG Distribution Office and LPG stockroom were situated, were upgraded and transformed to Haripad Municipality. According to the petitioners, now the first respondent Municipality is insisting for fresh explosive license, fresh NOC from Fire and Rescue Services and consent of Pollution Control Board for renewing the license. It was thereupon that Ext.P5 notice is issued by the Panchayat. Anyhow, it is evident that the subject issue has not attained finality yet. When this writ petition was admitted to the files of this

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W.P.(C). No. 787 OF 2018

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Court, an interim order was passed directing the first respondent to issue a provisional license to the petitioners, which is still in force.

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I have heard learned counsel for the petitioners and respective Standing Counsel appearing for respondents 1 to 3 and perused the pleadings and the documents on record.

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Learned counsel for the petitioners reiterated the contentions raised in the writ petition. Learned Standing Counsel for the first respondent Municipality submitted that since the Municipality has acquired new status and the documents produced by the petitioners are before the Panchayat, in order to have an effective adjudication of the issue, necessary documents for conduct of the LPG godown as well as the outlet, the entire documents are to be produced by the petitioners for verification of the Municipality. Learned Standing Counsel for the Pollution Control Board submitted that even though petitioners have submitted application for registration of the concerned establishments, they were

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W.P.(C). No. 787 OF 2018

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defective. Inspite of the attempt made by the Pollution Control Board to correct the petitioners, petitioners submitted again the very same defective application, which disables the Pollution Control Board to process the application submitted by the petitioners, in accordance with law.

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Having regard to the facts and circumstances of the case and hearing the respective counsel, I am of the considered opinion that this writ petition can be disposed of with appropriate directions. There will be a direction to the petitioners to file proper application before the Pollution Control Board seeking registration, within two weeks from the date of receipt of a copy of this judgment, which shall be processed by the Pollution Control Board, within two weeks thereafter. If and when petitioners produce necessary documents before the first respondent Municipality, the application for license submitted by the petitioners shall be considered, within one month from the date of production of appropriate certificates including that one directed above, after providing an

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W.P.(C). No. 787 OF 2018

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opportunity of hearing to the petitioners. Till such time the directions are complied with, the interim order granted by this Court will be in force.

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The writ petition is disposed of, accordingly.

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sd/- SHAJI P. CHALY JUDGE

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DCS

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//True Copy// P.A. to Judge

Beena Balachandran v. Haripad Municipality

Case brief

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Beena Balachandran v. Haripad Municipality

Case brief

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