SUDHEESH Vs. ASHA K.A.

JUDGEMENT

(1.) The appellants have filed this appeal with the leave of this court which was granted as per order passed today on I.A.No.913 of 2016. In this appeal they canvass the correctness of the judgment delivered by a learned single Judge of this court on 8.7.2016 in W.P.(C) No.20120 of 2016. The brief facts of the case are as follows:

(2.) The first respondent herein, an unemployed woman, was appointed as LPG distributor at Thrissur by the Hindustan Petroleum Corporation Ltd. Ext.P1 dated 18.3.2015 is the letter of indent issued in that regard. The first respondent had in her application offered to provide the storage godown within the local limits of Avinissery Grama Panchayat namely in the lands situate in Sy.Nos.143/3 and 146/12 of Avinissery Village, Thrissur Taluk, Thrissur District. After the letter of indent was issued, she applied to the Secretary, Avinissery Grama Panchayat for a building permit. The lay out of the storage godown was approved by the Chief Town Planner, Thiruvananthapuram as per Ext.P3 proceedings dated 17.7.2015. One of the conditions stipulated therein namely condition No.10 was that if there are persons residing adjacent to the proposed storage godown, their no objection certificate shall be obtained. The Municipality did not however deem it appropriate to impose such a condition when it issued the building permit evidenced by Ext.P2 on 22.8.2015. The said building permit was valid till 21.8.2016. It was issued subject to the condition that the construction should be in accordance with the Kerala Panchayat Building Rules, 2011. It was also stipulated that provision should be made for rain water harvesting.

(3.) The first respondent constructed a building in accordance with the said building permit. She thereafter applied for and obtained Ext.P4 No Objection Certificate from the Divisional Officer, Fire and Rescue Services, Ernakulam holding full additional charge of Divisional Officer, Fire and Rescue Services, Palakkad and the requisite license from the Deputy Chief Controller of Explosives, Ernakulam under the Gas Cylinder Rules, 2004 for storage of LPG cylinders. After obtaining the aforesaid license and permit, with a view to commence storage of LPG cylinders in the building constructed by her on the strength of Ext.P2 building permit, the first respondent submitted an application under the Kerala Panchayat Raj (Issue of License to Dangerous and Offensive Trades and Factories) Rules, 1996. Along with the said application she had also produced the consent letters given by neighbouring residents. When the application was not disposed of and was kept pending, she filed WP(C) No.39605 of 2015 in this court. By Ext.P10 judgment delivered on 23.12.2015, a learned single Judge of this court directed the Secretary, Avinissery Grama Panchayat to consider the application for license with notice to the writ petitioner (namely the first respondent in this appeal) within a period of two weeks. Thereafter the Panchayat insisted on the production of a consent to operate issued by the Kerala State Pollution Control Board.