IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 33984 of 2010(W) --------------------------------------- PETITIONER(S): ---------------------- 1. ANCY VARGHESE, KODINJIYIL HOUSE, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. MATHEW VARGHESE, KOZHUVAMANNIL HOUSE, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 3. KUNJAMMA ABRAHAM, KOZHUVAMANNIL HOUSE, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 4. K.A.ABRAHAM, KOZHUVAMANNIL HOUSE, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): ------------------------- 1. THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689645. 2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM, PIN-695001. 3. BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY THE TERRITORY MANAGER (LPG), TERRITORY OFFICE, P.B.NO.6, KAZHAKOOTTAM, PIN-695582. 4. THE TAHSILDAR, DEPARTMENT OF REVENUE, RANNI, PIN-689672. WP(C) NO. 33984/2010-W 5. THE VILLAGE OFFICER, VADASSERIKKARA VILLAGE, PIN-689662. 6. THE VADASSERIKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VADASSERIKKARA P.O., PATHANAMTHITTA DISTRICT, PIN-689662. 7. JOINT CHIEF CONTROLLER OF EXPLOSIVES, 140, RUKMINI LAXMIPAT ROAD, EGMORE, CHENNAI, PIN-600 008. 8. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, C-2, 3RD FLOOR, KENDRIYA BHAVAN, OPP. CESZ, KAKKANAD, COCHIN, PIN-682037. 9. M/S.SABARI GAS SERVICE (LPG), REPRESENTED BY THE PROPRIETOR, V.G.MADHU, SABARI COMPLEX, VADASSERIKKARA, PIN-689662. 10. THE DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM, PIN-695001. 11. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 12. TOWN PLANNER, PATHANAMTHITTA, PIN-689645. R1 & R2, R4&R5, R10 TO R12 BY GOVT PLEADER SRI.P.NARAYANAN R7 & R8 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R3 BY SRI. S. SUJIN,SC FOR BPL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 33984 OF 2010 (W) ===================== Dated this the 11th day of November, 2010 J U D G M E N T Petitioners challenge Ext.P6 as modified by Ext.P7. The 9th respondent is an LPG distributor appointed by the 3rd respondent Company. The 9th respondent made an application to the 2nd respondent for shifting his godown to a new premise. For the construction of a new premise, by Ext.P6, NOC was granted. Condition No.3 specified that the 9th respondent should obtain no objection from the residents within 100 meters of the proposed location. On an application made by the 9th respondent, 100 metres specified in Ext.P6 was reduced to 50 meters as per Ext.P7. It is challenging Ext.P7, the writ petition is filed. 2. Although various contentions have been raised in the writ petition, I have not been shown any statutory provision specifying any distance for a LPG godown. Rule 47 of the Gas Cylinders Rules, 2004 was shown to me. However Rule 47(1)(a) (iii) only states that application should be submitted to the Chief Controller of Explosives, specifications and plans drawn to scale in triplicate clearly indicating the surrounding area lying within 100 WPC No. 33984/10 :2 : metres of the edge of all facilities, which are proposed to be licenced. This therefore only obliges the applicant to indicate the surrounding facilities and this Rule cannot be taken to mean that the applicant should obtain NOC from the residents of the area or that there is any restriction about locating the facility within any particular distance from residential premises. In that view of the matter, I do not find anything objectionable in Ext.P7. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp