ASHA .K.A. Vs. AVINISSERY GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner is aggrieved with Ext.P15 order of the Panchayat directing production of a sanitation certificate and a consent letter from one Sri. Mannumal Roy, who is impleaded as the additional 3rd respondent. The communication has been issued in pursuance to an application for D & O license for carrying on a Liquefied Petroleum Gas (LPG) godown. The sanitation certificate sought for by the Panchayat has been produced at Ext.P17. The objection, hence, is with respect to the consent having not been obtained. The respondent Panchayat, in their counter affidavit, also submits that the insistence for such a consent was only due to condition No.10 in Ext.P3, issued by the Town Planner.

(2.) The petitioner was granted a letter of intend by the 2nd respondent Corporation, as per Ext.P1. The petitioner then approached the Town Planner for permission to build an LPG godown, through the Panchayat, in 28 cents of land in Survey Nos.144/3 and 146/12 situated in Avinissery Village. The Town Planner, by Ext.P3, permitted the construction on conditions specified therein, based on which Ext.P2 building permit was issued by the Panchayat. A 'No Objection Certificate' (NOC) from the Office of the Divisional Officer, Fire and Rescue Services, was also obtained as per Ext.P4. The Explosives License is produced at Ext.P5 and the ownership certificate of the land at Ext.P6. The petitioner's application for D&O License is seen at Ext.P8. The petitioner, along with the application, also submitted the 'Consent to Operate' issued by the Pollution Control Board evidenced at Ext.P12.

(3.) With respect to the insistence of a consent to be obtained from the additional 3rd respondent, as demanded in Ext.P13, one has to look at the Gas Cylinders Rules, 2004. The petitioner, admittedly, has a capacity of 8000 kgs., as is seen from the 'letter of intend' at Ext.P1 and 12000 kgs. is the permitted capacity in the explosives license (Ext.P5). The Gas Cylinders Rules provide for a license in Form F by the Chief Controller/Controller of Explosives, which has been obtained as Ext.P5. Even as per the license issued by the Controller of Explosives, the distance rule is, as is provided in condition no.5, which is extracted hereunder: