GEGEE SAJEEV Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE petitioner was selected by the Addl.4th respondent to run a Petroleum Retail Outlet under the 'Kisan Seva Kendra' Scheme. The petitioner has set up the Unit investing quite a substantial amount and has obtained all the requisite licences from the concerned authorities, as mentioned in paragraph '5' and elsewhere of the writ petition.

(2.) IN connection with the proposed business, the petitioner set up a building in the property belonging to the husband of the petitioner and approached the second respondent for getting it numbered, so as to proceed with further steps with the additional 4th respondent and to commence the operation. But the request was turned down by the second respondent, who has issued Ext.R2(1) dated 02.02.2013 stating that, it comes within the purview of Rule 34 (3)(l)Group(1)2 of the Kerala Panchayat Buildings Rules, 2011 and as such, approval of the Town Planner and the District Collector is necessary.

(3.) THE learned Counsel for the petitioner submits that the petitioner is ready to comply with the instructions given by the second respondent Panchayat in Ext.R2(1) and that revised plan will be submitted in conformity with the statutory requirements. The learned Counsel also points out that, if any approval of the Town Planner or the District Collector is necessary, nothing prevented the second respondent to have it forwarded for appropriate steps and to have the matter considered accordingly, instructing the petitioner to cure the defect or satisfy the requirements, as the case may be. .