Disposed

Jesmila K.K. v. the Secretary

Kerala HC25 Feb 2020WP(C)/35590/2019

Case brief

AI extract

What is this about?

The petitioner sought a license to operate an LPG gas agency after encountering refusal by the Panchayat. The Court directed BPCL and the Fire Officer to conduct a joint safety inspection. If safe, the Panchayat must grant the license within a week.

What did the court decide?

Joint inspection by BPCL and Fire Officer ordered; Panchayat directed to grant license within one week of favorable report.

Jesmila K.K. Vs the Secretary — Service and Employment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

¶5

WP(C).No.35590 OF 2019(W)

¶6

PETITIONER/S:

¶7

JESMILA K.K. AGED 30 YEARS D/O.KUNHAMMED, KIZHAKKEPARAMBATH, VISHNU MANGALAM P.O., VAKADAKARA, KOZHIKODE VILLAGE- 673506.

¶8

BY ADVS. SRI.ALEX.M.SCARIA SRI.G.BAIJURAJ SRI.A.J.RIYAS DR.M.H.HUBAISE SMT.SARITHA THOMAS

¶9

RESPONDENT/S:

¶10

1 THE SECRETARY, VANIMEL GRAMA PANCHAYATH, VADAKARA TALUK, KODIYOOR P.O- 673506.

¶11

2 THE VANIMEL GRAMA PANCHAYATH, VADAKARA TALUK, KODIYOOR P.O- 673506, REPRESENTED BY ITS SECRETARY.

¶12

3 ADDL. R3. THE BHARAT PETROLEUM CORPORATION LIMITED, KOCHI TERRITORY AND LPG PLANT, ABALAMUGAL P.O., KOCHI-682302, REPRESENTED BY IT MANAGING DIRECTOR.

¶13

4 ADDL. R4. THE FIRE SAFETY OFFICER, THE FIRE AND RESCUE SERVICES, REGIONAL FIRE OFFICE, KOZHIKODE P.O., PIN-673018.

¶14

(ADDITIONAL R3 AND R4 ARE IMPLEADED AS PER ORDER DATED 18/02/2020 IN IA 2/2020 IN WPC )

¶15

5 ADDL. R5. PADINJAREPARAMBATH AMMATH, AGED 63, S/O. LATE KUNNALI HAJI, VANIMEL AMSOM, KODIYURA P.O., VATAKARA TALUK, KOZHIKODE DISTRICT673506.

¶16

(ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 18/02/2020 IN IA 1/2020 IN WPC)

¶17

WP(C).No.35590 OF 2019(W)

¶18

¶19

R1 BY ADV. SRI.U.P.BALAKRISHNAN R1 BY ADV. SRI.C.H.ABDUL RASAC R3 BY ADV. SRI.K.M.FIROZ R3 BY ADV. SMT.M.SHAJNA

¶20

OTHER PRESENT:

¶21

SRI.M.GOPIKRISHNAN NAMBIAR, SRI.JESTIN MATHEW, GOVT.PLEADER

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

WP(C).No.35590 OF 2019(W)

¶24

¶25

ALEXANDER THOMAS, J.

¶26

W.P.(C.) No. 35590 of 2019

¶27

Dated this the 25^th day of February, 2020

¶28

JUDGMENT

¶29

The case set up in the above W.P.(C). is as follows :

¶30

That the petitioner was and is trying to start a Gas (L.P.G.) agency.

¶31

There was delay in numbering the building and hence Exhibit P16 writ petition became inevitable. On getting of the information of it, the building was numbered. Later as per application covered by Exhibit P18 receipt, the petitioner applied for D&O licence and subsequently, the 2^nd respondent, without any authority, cancelled the occupancy already given and refused to grant D&O licence as per the Exhibit P19 and P20 respectively.

¶32

It is in the light of these averments and contentions, the petitioner

¶33

has filed the instant W.P.(C.) with the following prayers :

¶34

(I) “To issue a Writ of Certiorari or any other Writ, Order or Direction to quash Exhibits P19 and P20.

¶35

(II) Issue a Writ of Mandamus or any other Writ, order or Direction commanding and compelling the 1^st respondent to issue D&O licence to the petitioner as per the application covered by Exhibit P18

¶36

(III) Issue a Writ of Mandamus or any other Writ, Order or Direction commanding and compelling the respondents that the respondents should not to disturb the petitioner from carrying out the gas cylinder godown unit as per the application covered by Exhibit P18 for any reason mentioned in Exhibit P19 and P20.

¶37

(IV) To allow costs from the 2^nd respondent.”

¶38

The petitioner is aggrieved by the impugned Exts.P19 and P20

¶39

decisions issued by the respondent Vanimel Grama Panchayat, whereby the

¶40

WP(C).No.35590 OF 2019(W)

¶41

¶42

said authority has cancelled the occupancy already given to the petitioner and has refused to grant trade licence/D&O licence for running the LPG gas agency of the petitioner. The petitioner is the dealer of the Bharat Petroleum Corporation Limited-R3, whose retail LPG outlet agency has been given to the petitioner. The respondent No.4 is the Fire Safety Officer of the Fire & Rescue Services, Regional Fire Force, Kozhikode.

¶43

According to the petitioner, the petitioner is capable of fulfilling all the norms and standards for running of the LPG outlet agency and that there are no rational grounds for the respondent Panchayat authorities to pass the impugned orders. Further, it is pointed out that the 4^th respondent Fire Safety officer has also granted Ext.P15 NOC in favour of the petitioner for running the LPG gas agency.

¶44

Taking note of the facts and circumstances of this case, it is ordered that the competent officials of the 3^rd respondent, BPCL and the 4^th respondent, Fire Safety Officer will conduct a joint inspection of the LPG godown premises and may ascertain as to whether all the prescribed safety norms could be complied with by the petitioner. The inspection in this regard should be duly completed by R3 and R4 within 2 weeks from the date of production of a certified copy of this judgment. After conducting the inspection, the report may be submitted by the said inspection team as to whether all the requisite safety norms in the running of the LPG gas agency could be complied with in the said premises and copy of the said

¶45

WP(C).No.35590 OF 2019(W)

¶46

¶47

report shall be given by R3 and R4 to the petitioner as well as to the 1^st respondent, Secretary of the Vanimel Grama Panchyat. If the said report of the joint inspection team is in favour of the petitioner, then the 1^st respondent will give necessary permission and licence to the petitioner to run LPG gas agency in the premises in question. Orders in this regard should be duly passed by the 1^st respondent, within one week from the date of receipt of a copy of the said inspection report by R3 and R4.

¶48

With these observations and directions, the above W.P.(C.) will stand disposed of.

¶49

Sd/-

¶50

ALEXANDER THOMAS, JUDGE

¶51

SKS

¶52

WP(C).No.35590 OF 2019(W)

¶53

¶54

APPENDIX

¶55

PETITIONER'S/S EXHIBITS:

¶56

EXHIBIT P1	TRUE COPY OF THE LETTER OF INTENT DATED 10.08.2015 BEARING NO.C.LPG.LO 1.NADAPURAM.
EXHIBIT P2	TRUE COPY OF THE APPROVAL LETTER AS PER LETTER BEARING NO.KOC.LPG.NADAPURAM DATED 27.10.2018 ISSUED BY BPCL.
EXHIBIT P3	TRUE COPY OF THE EXPLOSIVE LICENCE FROM THE DEPUTY CHIEF CONTROLLER OF THE EXPLOSIVES, KERALA DATED 26.11.2018 BEARING NO.A/G/SC/KL/06/274 (G 53259).
EXHIBIT P4	TRUE COPY OF THE REGISTERED LEASE BEARING NO.504/2017 DATED 25.04.2017, BY WHICH THE PETITIONER SECURED THE ALTERNATIVE LAND COVERED BY EXHIBIT P2.
EXHIBIT P5	TRUE COPY OF THE BUILDING PERMIT ISSUED ON 01.03.2019.
EXHIBIT P6	TRUE COPY OF THE PLAN COVERED BY EXHIBIT P5.
EXHIBIT P7	TRUE COPY OF THE PERMIT GRANTED BY THE DISTRICT TOWN PLANNER, KOZHIKODE AS PER LETTER DATED 23.01.2019 IN SUPPORT OF EXHIBIT P5.
EXHIBIT P8	TRUE COPY OF THE NOC ISSUED BY THE REGIONAL FIRE AND SAFETY OFFICER OF THE FIRE AND RESCUE SERVICES KOZHIKODE.
EXHIBIT P9	TRUE COPY OF THE REGISTRATION GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 11.02.2019.
EXHIBIT P10	TRUE COPY OF THE RECEIPT DATED 17.04.2019 ISSUED BY THE RESPONDENT FOR ACCEPTING THE APPLICATION FOR BUILDING NUMBERING.
EXHIBIT P11	THE TRUE PRINT OUT OF THE DETAILS UPLOADED BY THE PETITIONER DATED 21.04.2019.
EXHIBIT P12	TRUE COPY OF THE DECISION OF THE ADALATH DATED 27.07.2019.
EXHIBIT P13	TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 30.07.2019.

¶57

WP(C).No.35590 OF 2019(W)

¶58

¶59

EXHIBIT P14	TRUE COPY OF THE LETTER DATED 16.08.2019 BEARING NO.A4.4046/2019.
EXHIBIT P15	TRUE COPY OF THE FINAL NOC BEARING NO.E 4056/2019 DATED 18.10.2019.
EXHIBIT P16	TRUE COPY OF THE WP(C)NO.29158/2019 WITHOUT EXHIBITS.
EXHIBIT P17	A TRUE COPY OF THE ORDER IN APPEAL NO.395 OF 2019 OF THE LSGD.
EXHIBIT P18	TRUE COPY OF THE RECEIPT DATED 21.11.2019.
EXHIBIT P19	TRUE COPY OF THE DECISION BEARING NO.4/254/19 DATED 12.12.2019.
EXHIBIT P20	TRUE COPY OF THE DECISION BEARING NO.5/255/2019 DATED 12.12.2019.
EXHIBIT P21	TRUE COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DATED 16.12.2019.
EXHIBIT P22	A TRUE COPY OF THE DECISION BEARING NO.39/19 DATED 23.02.2019.
EXHIBIT P23	TRUE COPY OF THE LETTER NO.A4/6262/2016 DATED 27.12.2016.

Jesmila K.K. v. the Secretary

Case brief

What is this about?

What did the court decide?

Jesmila K.K. v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Vs State of Kerala

Jos Kurian Vs State of Kerala

Venugopalan M. Vs the District Collector

V.Kamala Vs State of Kerala

Mambally Santhosh Vs Thalassery Municipality

N.M.Zubair Vs Kasaragode Muncipality