IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 2335 of 2011(N) --------- ------------------------- PETITIONER: ------------------ SEBASTIAN GEORGE, S/O. GEORGE, VALLIALIL HOUSE, AMAYANNOOR POST, KOTTAYAM-686025. BY ADVS. SRI. MATHEW JOHN (K) SRI. DOMSON J.VATTAKUZHY RESPONDENTS: ---------------------- 1. THE AYARKUNNAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AYARKUNNAM POST, KOTTAYAM - 686 564. 2. THE SECREATARY AYARKUNNAM GRAMA PANCHAYATH, AYARKUNNAM.P.O., KOTTAYAM- 686 564. 3. THE CHIEF TOWN PLANNER, OFFICE OF THE TOWN PLANNING DEPARTMENT, TRIVANDRUM-01. R1 & R2 - BY ADV. SRI. JOMY GEORGE ADV. SRI. SEBASTIAN THOMAS. R3- BY GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. W.P.(C). NO. 2335/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DATED 21.12.2009 IN W.P. (C) NO.35424 OF 2009. P2: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KOTTAYAM DATED 5.3.2010. P3: COPY OF THE LETTER DATED 11.5.2010 BY THE DISTRICT MEDICAL OFFICER. P4: COPY OF THE ORDER DATED 18.3.2010 BY THE HONOURABLE OMBUDSMAN, TRIVANDRUM. P5: COPY OF THE ORDER DATED 16.7.2010 BY THE HONOURABLE OMBUDSMAN. P6: COPY OF THE APPLICATION DATED 19.11.2009 BY THE EXECUTIVE SALES OFFICER. P7: COPY OF THE LETTER DATED 31.7.2010 BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. SCL. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 2335 OF 2011 ------------------------------- DATED THIS THE 30TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P7 communication issued by the Chief Town Planner, Thiruvananthapuram addressed to the Secretary of the Panchayat and for a direction commanding the 2nd respondent to pass final orders on Ext.P6 application without any further delay. Petitioner is conducting a petroleum retail outlet. Petitioner submits that in connection with the setting up of the petroleum bunk the Executive Sales Officer attached to the Cochin Retail Regional Office of HPC. Ltd. has submitted an application for building permit before the lst respondent. Ext.P6 is the copy of such application. The construction proposed in Ext.P6 is for the purpose of the office of the petrol bunk. It is stated that no orders have been passed on Ext.P6 despite the fact that the application was submitted as early as on 19/11/2009. Petitioner submits that instead of issuing permit -2- W.P.(C).No.2335/2011 as requested in Ext.P6 application, the 3rd respondent issued Ext.P7 intimating the 2nd respondent that the application for permission to construct the petroleum outlet run by the petitioner can be considered, only after disposing the complaints pending before the Government. 2. Petitioner pointed out in paragraph 2 of the reply affidavit that he was granted licence subject to the condition that the storage tank shall be shifted to the southern most end of the site where the petroleum outlet is being put up, that the complaints lodged by the neighbours were dismissed by the District Collector vide Ext.P2 order, that a direction was issued to concrete the storage tank pit to avoid any type of pollution, that both these conditions have been complied with by the petitioner and that the storage tank which was initially located on the northern side, was subsequently shifted to the southern side as directed in Ext.P2 proceedings of the District Collector. In the facts and circumstances of the case, the petitioner requested this Court to set aside Ext.P7 -3- W.P.(C).No.2335/2011 communication and issue a direction to the Panchayat to pass appropriate orders on Ext.P6. 3. In the facts and circumstances stated above, Ext.P7 communication is quashed. The lst respondent-Panchayat is directed to consider and pass appropriate orders on Ext.P6 application, after affording an opportunity of being heard to the petitioner, within one month from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. •