Petitioner, a dealer, sought a trade licence from the Panchayat after obtaining NOC from the Additional District Magistrate pursuant to interim direction. Court noted licence was granted and disposed of writ recording reliefs worked out.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
WP(C).No.25974 OF 2020(V)
PETITIONER:
BINDU JOSE
W/O. JOSE CHERIAN, THELACKADAN HOUSE, NEELEESWARAM, KALADY, ERNAKULAM DISTRICT - 683574.
BY ADVS. SRI.SHASHANK DEVAN SRI.ADARSH KUMAR SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM)
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM PIN - 682030.
4 HINDUSTAN PETROLEUM CORPORATION LTD, REPRESENTED BY CHIEF REGIONAL MANAGER, P.B.NO.1601, ERNAKULAM NORTH P.O, ERNAKULAM DISTRICT, 682018.
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM R4 BY ADV. SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25974 OF 2020(V)
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JUDGMENT
Dated this the 21st day of December 2020
The writ petition is filed by a dealer under the 4th respondent. He established a petroleum outlet after obtaining NOC from the Additional District Magistrate. Thereafter, he applied for a trade licence with panchayat. That was not issued. That is how the petitioner approached this Court.
Court, licence was granted. Nothing further survives for consideration in this matter.
It is to be noted that the petitioner has established petroleum outlet based on NOC issued by the District Authority. Therefore, the writ petition is disposed of, recording that the reliefs have already been worked out.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SAS/21/12/2020
WP(C).No.25974 OF 2020(V)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE NO-OBJECTION CERTIFICATE DATED 18.01.2020 FROM THE 2ND RESPONDENT UNDER RULE 144 OF THE PETROLEUM RULES,.2002, WITH RESPECT TO THE PETITIONER'S RETAIL OUTLET |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE NO-OBJECTION CERTIFICATE DATED 02.11.2020 FORM THE OFFICE OF THE REGIONAL FIRE OFFICER FIRE AND RESCUE SERVICES, ERNAKULAM WITH RESPECT TO THE PETITIONER'S RETAIL OUTLET. |
| EXHIBIT P3 | A TRUE COPY OF THE CONSENT TO OPERATE/AUTHORISATION/REGISTRATION DATED 15.10.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD WITH RESPECT TO THE PETITIONERS RETAIL OUTLET. |
| EXHIBIT P4 | A TRUE COPY OF THE LICENCE TO STORE PETROLEUM IN TANKS IN CONNECTION WITH PUMP OUTFIT FOR FUELING MOTOR CONVEYANCES DATED 22.07.2020 ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES ON BEHALF OF JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI UNDER THE MINISTRY OF COMMERCE AND INDUSTRY,GOVERNMENT OF INDIA WITH RESPECT TO THE PETITIONERS RETAIL OUTLET. |
| EXHIBIT P5 | A TRUE COPY OF THE LAY-OUT AND USAGE OF PLOT PERMISSION DATED 03.02.2020 WITH RESPECT TO THE PETITIONERS SAID RETAIL OUTLET, ISSUED BY THE SENIOR TOWN PLANNER, LOCAL TOWN - PLANNING OFFICE, ERNAKULAM. |
| EXHIBIT P6 | A TRUE COPY OF THE BUILDING PERMIT DATED 05.03.2020 ISSUED BY THE 3RD RESPONDENT FOR THE CONSTRUCTION OF THE PETITIONERS PETROLEUM RETAIL OUTLET. |
| EXHIBIT P7 | A TRUE COPY OF THE APPLICATION DATED 18.09.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT FOR ISSUANCE OF BUILDING NUMBER WITH RESPECT TO THE PETITIONERS PETROLEUM RETAIL OUTLET |
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| EXHIBIT P7(A) | A TRUE COPY OF THE COMMUNICATION DATED 19.10.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
|---|---|
| EXHIBIT P8 | A TRUE COPY OF THE APPLICATION DATED 20.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P9 | A TRUE COPY OF THE APPLICATION DATED 20.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AN APPLICATION DATED 20.10.2020 IN SEEKING FOR THE ISSUANCE OF FTE AND O LICENSE WITH RESPECT TO THE PETROLEUM RETAIL OUTLET. |
| EXHIBIT P9(A) | A TRUE COPY OF THE DEMAND DRAFT DATED 06.11.2020 ISSUED BY THE PETITIONER IN FAVOUR OF THE 3RD RESPONDENT. |
| EXHIBIT P10 | A TRUE COPY OF THE COMMUNICATION DATED 06.11.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXHIBIT P10(A) | A TRUE COPY OF THE COMMUNICATION DATED 12.11.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXHIBIT P11 | A TRUE COPY OF THE JUDGMENT DATED 05.03.2020 PASSED BY A DIVISION BENCH OF THIS HON'BLE COURT IN WA 27/2020 AND CONNECTED MATTERS, |
| EXHIBIT P11(A) | A TRUE COPY OF THE JUDGMENT DATED 26.05.2020 PASSED BY A DIVISION BENCH OF THIS HON'BLE COURT IN WA 664/2020. |
| EXHIBIT P11(B) | A TRUE COPY OF THE JUDGMENT DATED 04.04.2018 IN WP(C) NO. 5734/2018. |
| EXHIBIT P12 | A TRUE COPY OF THE COMMUNICATION DATED 11.06.2020 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. |
| EXHIBIT P13 | A TRUE COPY OF THE SANITARY CERTIFICATE DATED 22.10.2020 ISSUED IN FAVOUR OF THE PETITIONERS PETROLEUM RETAIL OUTLET BY THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MALAYATTOOR. |
WP(C).No.25974 OF 2020(V)
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CERTIFICATE ISSUED ON 27.10.2020 IN FAVOUR OF THE PETITIONER WITH RESPECT TO THE OPERATION OF THE PETITIONERS PETROLEUM RETAIL OUTLET.
EXHIBIT P15 A TRUE COPY OF THE RESIDENTIAL/OWNERSHIP CERTIFICATE DATED 19.10.2020 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT, WITH REGARDS THE SUBJECT MATTER PETROLEUM RETAIL OUTLET.
EXHIBIT P16 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE SUBJECT MATTER PETROLEUM RETAIL OUTLET IN ITS CURRENT STATE.
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
Bindu Jose
The District Collector, Ernakulam
Additional District Magistrate Collectorate, Kakkand, Ernakulam
Malayattoor Neelieshwaram Grama Panchayath
Hindustan Petroleum Corporation Ltd
A.MUHAMED MUSTAQUE
As recorded by the court registry
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