IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 14062 of 2008(Y) ---------------------------------------- PETITIONER: -------------------- V.M.RAJALAKSHMI, PROPRIETOR, KAIRALAI GAS AGENCY, ULLIYERI, RARAM PARAMBATH HOUSE, NAGATHINKAL PARAMBA, GOVT.ARTS COLLEGE, PO, KOZHIKODE, KERALA. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ------------------------ 1. THE SECRETARY, BALUSSERY GRAMA PANCHAYAT, BALUSSERY, KOZHIKODE DISTRICT. *ADDL.R2 IS IMPLEADED: R2. MR.GANGADHARAN, S/O.CHATHUKUTTY, CONVENOR “CITIZENS FORUM”, VANDHANA, THURUTHIYAD, BALUSSERY, KOZHIKODE DISTRICT. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD.6/06/2008 IN I.A.NO.5823/08) BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14062/2008 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER OF INTENT DTD. 4/12/2001 BY M/S. HINDUSTAN PETROLEUM CORPN.LTD., MUMBAI. EXT.P2: COPY OF THE LEASE DEED EXECUTED BY THE PETITIONER ON 23/05/2007. EXT.P3: COPY OF THE CERTIFICATION OF REGISTRATION ISSUED BY THE COMMERCIAL TAX OFFICER, KOYILANDI. EXT.P4: COPY OF THE NO OBJECTION LETTER ISSUED BY SRI.DAMODARAN DTD. 28/04/07. EXT.P5: COPY OF THE NO OBJECTION LETTER ISSUED BY SRI.APPUKUTTI NAIR. EXT.P6: COPY OF THE NO OBJECTION LETTER ISSUED BY UMAIMATH DTD. 2/05/2007. EXT.P7: COPY OF THE NO OBJECTION LETTER DTD. 2/05/2007 ISSUED BY SRI.KAMALAKSHI AMMA. EXT.P8: COPY OF THE NO OBJECTION LETTER ISSUED BY MR.RASHEED DTD. 2/5/2007. EXT.P9: COPY OF THE NO OBJECTION LETTER ISSUED BY SIDDHARTHAN DTD.2/5/2007. EXT.P10: COPY OF THE NO OBJECTION LETTER DTD.5/5/2007 BY RAJAN. EXT.P11: COPY OF THE NO OBJECTION LETTER ISSUED BY KRISHNAN, DTD. 7/06/2007. EXT.P12: COPY OF THE LETTER ISSUED BY THE LAND OWNER SRI.APPUKUTTAN NAIR. EXT.P13: COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY, BALUSSERY GRAMA PANCHAYAT. EXT.P14: COPY OF THE NOC DTD. 22/1/2008 ISSUED BY BALUSSERY GRAMA PANCHAYATH. EXT.P15: COPY OF THE CERTIFICATE DTD. 21/01/08. EXT.P16: COPY OF THE LICENCE ISSUED BY THE PETROLEUM AND EXPLOSIVE SAFETY ORGANISATION, SUB CIRCLE OFFICE, ERNAKULAM. EXT.P17: COPY OF THE COMMUNICATION DTD. 23/04/2008 ISSUED BY THE SECRETARY, BALUSSERY GRAMA PANCHAYAT. /TRUE COPY/ kss P.A.TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 14062 OF 2008 Y ==================== Dated this the 17th day of June, 2008 J U D G M E N T Petitioner submits that she has been appointed as a LPG distributor of Hindustan Petroleum Corporation Ltd., under Scheduled Caste quota in Kozhikode District. Ext.P1 is the letter of intent issued in her favour. It is stated that on the strength of Ext.P1, petitioner has identified a plot of land for construction of a godown and also obtained all necessary licences other than the Panchayat licence. It is stated that she had submitted an application for licence to the Panchayat and that the Panchayat by Ext.P17 informed her that only after considering the objections raised by the people in the neighbourhood, can the request made be considered. It is complaining of inordinate delay in passing final orders on the application for licence submitted by her, that the petitioner has filed this writ petition for expediting orders on her application dated 28/3/2008. 2. I heard the counsel for the petitioner and also the counsel for the respondents. 3. From Ext.P17, it is obvious that the Panchayat has received application for licence from the petitioner. If that be so, the Panchayat WPC 14062/08 :2 : should have passed orders on an expeditious basis. Necessarily, if any objection has been received, the Panchayat is obliged to take that also into account. However raising of the objection cannot result in delaying the matter inordinately. 4. Taking into account all the facts as stated above, I direct that the 1st respondent shall consider the application made by the petitioner and pass final orders in the matter, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed as above. ANTONY DOMINIC, JUDGE Rp