IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 16802 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- K.A.KADER, S/O. ABOOBACKER, AGED 56 YEARS, RESIDING AT KARUPPAM VEETTIL, CHAVALLOOR, KANDANNASSERY, THRISSUR DISTRICT. BY ADVS. SRI.M.K.ABOOBACKER SRI.D.M.NOWFAL RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, THRISSUR - 680 001. 2. THE STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, LAKSHMI, SHAKTHI NAGAR, POONKUNNAM, THRISSUR-680 002. 3. THE KANDANASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.KANDANASSERY, THRISSUR DISTRICT - 680 007. 4. THE CHIEF TOWN PLANER(CTP), THIRUVANANTHAPURAM-695 001. 5. SENIOR REGIONAL MANAGER,THE BHARATH PETROLEUM COMPANY LTD., P.O.IRUMBANAM, TRIPUNITHURA - 682 309. 6. JALEEL, S/O. ABOOBACKER,RAMANATH HOUSE, CHOVALLOOR, KANDANASSERY P.O., THRISSUR DISTRICT - 680 007. R1 & R2, R4 BY GOVT. PLEADER SMT.RAJASHREE R3 BY ADV. SRI.P.RAMACHANDRAN R5 BY ADV. SRI. S. SUJIN R6 BY ADVS. SRI.N.M.MADHU SMT.C.S.RAJANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16802/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PURCHASE DEED OF THE PETITIONER,DTD. 07/08/1993 P2(a):COPY OF THE REPRESENTATION DATED 17/05/2011 BEFORE THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER AND OTHERS. P2(b):COPY OF THE REPRESENTATION DATED 17/05/2011 BEFORE THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER AND OTHERS. P2(c):COPY OF THE REPRESENTATION DATED 17/05/2011 BEFORE THE 3RD RESPONDENT SUBMITTED BY THE PETITIONER AND OTHERS. P2(d):COPY OF THE REPRESENTATION DATED 17/05/2011 BEFORE THE 4TH RESPONDENT SUBMITTED BY THE PETITIONER AND OTHERS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 16802 OF 2011 ----------------------------------------------------- Dated this the 3rd day of August , 2011 J U D G M E N T Petitioner apprehends that on the application made by the 6th respondent for the establishment of a petroleum outlet as a dealer of the 5th respondent-Company, licence is likely to be granted by respondents 1 to 3. According to the petitioner if the licence is granted and the petroleum pump is established the well water of the petitioner will get contaminated and there is every chance of explosion and fire. In view of the said apprehension, he has filed representations to respondents 1 to 3 and the prayer sought for is that those representations should be directed to be considered before any licence is granted to the 6th respondent. 2. First of all, grant of licence by the Panchayath, Explosives Department and the consent of the Pollution W.P.(C) No. 16802 OF 2011 :2 : Control Board are regulated by statutory provisions and unless those statutory provisions are satisfied, no applicant can get any licence. Going by the pleadings in the writ petition, the 6th respondent has only made an application and has not been granted any licence. If any licence or consent is granted to the 6th respondent and if that licence or consent is against the statutory provisions any aggrieved party can seek statutory remedies that are available. Since as at present, no licence or consent has been granted the writ petition is premature. Further, the petitioner has no case that the representations made are statutory or that the respondents have the duty to consider those representations, to seek a writ of mandamus from this Court. Therefore I do not see any reason to grant the reliefs sought for. Hence this petition is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge