IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 35740 of 2007(D) -------------------------- PETITIONER: ------------ VARGHESE, AGED 65 YEARS, S/O.ANTHONY, PEREPADAN HOUSE, PALLIPURAM, MALA P.O., THRISSUR DT. BY ADV. SRI.RENJITH THAMPAN RESPONDENTS: ------------- 1. A.R.RAMAKRISHNAN, S/O.RAMAN, THIYARATH HOUSE, KURUVILASSERY, MALA P.O., THRISSUR DT. 2. A.R.ARUNKUMAR, S/O.RAMAKRISHNAN, THIYARATH HOUSE, KURUVILASSERY, MALA P.O., THRISSUR DT. 3. MALA GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, MALA P.O., THRISSUR DT. 4. THE POLLUTION CONTROL BOARD, REPRESENTED BY ENVIRONMENTAL ENGINEER, O/O. POLLUTION CONTROL BOARD, THRISSUR. ADDL.R5. M/S. AUTO GAS ENERGY INDIA LTD. 39/4141, M.G. ROAD, RAVIPURAMM, KOCHI-16. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 7-12-2007 IN W.P.(C). BY ADV. SRI.T.N.MANOJ SRI.BIJU ABRAHAM SRI.A.C.DEVY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No.35740 OF 2007-D ----------------------------------------------- DATED THIS THE 9TH JANUARY, 2008 J U D G M E N T Having regard to the submissions addressed at the Bar by counsel appearing on both sides, I am of the view that it will suffice if the Panchayath is directed to take a decision on the application for building permit submitted by the additional 5th respondent (application referred to in Ext.R5(g)) with notice to all the parties. There is controversy between the parties as to whether a licence under Rule 12 of the Licensing of Dangerous and Offensive Trade Rules is necessary for construction of the Liquified Petroleum Gas dispensing station unit which is proposed by the additional 5th respondent. The petitioner asserts that such licence is absolutely necessary. According to the additional 5th respondent, such a licence is not necessary. The Panchayath will decide this question also while taking decision on Ext.R5(g). 2. Hence, the writ petition is disposed of issuing the following directions: i) The third respondent Panchayath will take up the application submitted by the additional 5th respondent for permit (Application referred to in Ext.R5(g) immediately, hear the petitioner, additional 5th WP(C)No.35740/2007. -2- respondent(the applicant), respondents 1 and 2 also and take a correct decision . The decision as directed above will be taken at the earliest, at any rate within six weeks of receiving a copy of this judgment. If the Panchayath finds that licence under Rule 12 of the Licensing of Dangerous and Offensive Trade Rules is also necessary, the Panchayath shall direct the petitioner to apply for licence and in that context before granting licence the Panchayath shall obtain a report from the 4th respondent. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.35740/2007. -3-