The bench upheld the closure of three writ petitions seeking directions regarding the IOC LPG bottling plant. Finding that the Panchayat had already decided on the license application and an interim order extended operations pending that decision, the court held no further adjudication was necessary and closed the files.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.9959 OF 2019(T)
PETITIONER:
INDIAN OIL CORPORATION LIMITED, KERALA STATE OFFICE, PANAMPILLY NAGAR, KOCHI-682 036, REPRESENTED BY ITS GENERAL MANAGER (LPG).
BY ADVS. SRI.P.GOPINATH (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SMT.NAYANPALLY RAMOLA
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2020, ALONG WITH WP(C).41861/2018(G), WP(C).42588/2018(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.41861 OF 2018 (G)
PETITIONER:
P.M.MOHAMMADALI BABU, AGED 42 YEARS, S/O.P.M.AHAMMED KUTTY, CHAIRMAN, IOC JANAKEEYA SAMARA SAMITHI, CHELARI, POST THENHIPALAM, MALAPPURAM DISTRICT.
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL SMT.N.S.SOUMYA MOL SRI.P.ABDUL NISHAD
RESPONDENTS:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 3 :
R1 BY SRI.M.N.MANMADAN, CGC R2, R3 & R5 BY GOVERNMENT PLEADER SRI.TEK CHAND R4 BY SRI.T.NAVEEN R6 BY ADV. SHRI.ESM.KABEER R7 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R7 BY ADV. SRI.K.JOHN MATHAI R7 BY ADV. SRI.JOSON MANAVALAN R7 BY ADV. SRI.KURYAN THOMAS R7 BY ADV. SRI.PAULOSE C. ABRAHAM R6 BY ADV. SRI.MANOJ RAMASWAMY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2020, ALONG WITH WP(C).42588/2018(S), WP(C).9959/2019(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 4 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.42588 OF 2018(S)
PETITIONERS:
BY ADV. E.NARAYANAN
RESPONDENTS:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 5 :
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R3 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, BY ADV. SHRI.ESM.KABEER R7 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R7 BY ADV. SRI.K.JOHN MATHAI R7 BY ADV. SRI.JOSON MANAVALAN R7 BY ADV. SRI.KURYAN THOMAS R7 BY ADV. SRI.PAULOSE C. ABRAHAM SR.GP SRI.ARAVIND KUMAR BABU FOR R2 AND R4 R5 & 6 BY ADV. SRI.MANOJ RAMASWAMY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2020, ALONG WITH WP(C).41861/2018(G), WP(C).9959/2019(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 6 :
JUDGMENT
[ WP(C).9959/2019, WP(C).41861/2018, WP(C).42588/2018 ]
Dated this the 27th day of January, 2020
S.MANIKUMAR, C.J.
W.P.(C)No.9959 of 2019 is filed by the Indian Oil Corporation Limited seeking for a direction to the first respondent/Thenhipalam Grama Panchayat to consider and pass orders on the application submitted by the petitioner for renewal of D & O license and for a direction to Thenhipalam Grama Panchayat, represented by its Secretary, Post Thenhipalam, Tirurangadi Taluk, Malappuram District (first respondent) not to interfere with the functioning of the petitioner.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 7 :
Oil Corporation Limited, Indane Bottling Plant, Chelari, Malappuram, represented by its Chief Plant Manager, Thenhipalam P.O. (7th respondent) to stop the illegal functioning of LPG Bottling Plant at Chelari in Thenhipalam Grama Panchayat.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 8 :
Panchayat submitted that in response to the directions of this court, the Panchayat (vide order No.S3 2567/2019 dated 10.1.2020) has decided to reject the application for license submitted by the Indian Oil Corporation for storage capacity of 2700 metric tonnes instead of 900 metric tonnes.
Limited. A learned single Judge of this court granted stay of operation of the impugned proceedings permitting the petitioner therein to continue functioning and operations of the Calicut Bottling plant of the petitioner located at Chelari, pending disposal of the writ petition.
D & O license granted by the Panchayat has already been expired. In the light of the subsequent events pursuant to the interim order of this court dated,
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 9 :
24th May, 2019 in these writ petitions, as also the decision dated 10.1.2020 of the Thenhipalam Grama Panchayat, nothing further survives in these writ petitions for adjudication. Therefore, these writ petitions are closed.
SD/- S.MANIKUMAR CHIEF JUSTICE
SD/- SHAJI P. CHALY JUDGE
jes
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 10 :
APPENDIX OF WP(C) 9959/2019
PETITIONER'S EXHIBITS:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 11 :
EXHIBIT P16 TRUE COPY OF THE NEWS PAPER CLIPPING DATED 14-06-2019 OF MATHRUBHUMI.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 12 :
APPENDIX OF WP(C) 41861/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.21076/2012 OF THIS HON'BLE COURT DATED 13/9/2012.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 13 :
APPENDIX OF WP(C) 42588/2018
PETITIONER'S EXHIBITS:
// TRUE COPY //
P.S. TO JUDGE
3 issues framed by the court
Whether the thenhipalam grama panchayat is expected to adjudicate further on the license renewal application in light of their recent decision to reject the revised capacity?
Whether any further adjudication on the listed carpet area or operational issues survives for disposal in these writ petitions?
Whether the writ petitions concerning the IOC LPG bottling plant can be closed given the disposal of the related renewal license matter?
Indian Oil Corporation Limited
P.M. Mohammadali Babu
Savead Kalliyl, T.P. Thilakan, Anvarudheen T.P.
Thenhipalam Grama Panchayat
Union of India
Department of Fire and Rescue Services
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
