BIJI FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) Interference declined by the learned Single Judge, in respect of the challenge raised against Ext.P10 order passed by the Chief Town Planner and Ext.P13 order passed by the Government with regard to the request made by the petitioner / appellant for running an LPG agency allotted by the fifth respondent, is the subject - matter of challenge in this appeal.

(2.) Heard Sri. T. A. Shaji, the learned Senior Counsel appearing for the appellant, Sri. M. Gopikrishnan Nambiar, the learned Standing Counsel appearing for the fifth respondent Company and the learned Government Pleader appearing on behalf of the respondents 1 to 3.

(3.) The sequence of events shows that the appellant came to be identified by the fifth respondent Company for allotment of LPG distributorship. Ext.P1 is the 'Letter of Intent' issued by the fifth respondent. For running the godown, the property having an area of 19.17 Ares was identified. It is stated that the appellant has obtained clearance from all sectors, including Ext.P3 NOC issued by the Divisional Officer, Fire and Rescue Services. It is stated that necessary licence from the Local Authority in respect of the 'hazardous occupancy' is to be obtained, besides obtaining necessary clearance from the Pollution Control Board adding that steps in this regard are being pursued. At the same time, the appellant had to obtain 'Layout approval' and necessary proceedings were filed before the second respondent in this regard. Observing that the property was not having a pathway of requisite width, in terms of R.61(4) of the Kerala Panchayat Building Rules, approval came to be turned down as per Ext.P10; which was sought to be challenged by approaching the Government as per Ext.P11, in terms of Rule 152 of the Kerala Panchayat Building Rules. Since no timely action was taken, the appellant approached this Court by filing WP(C) No. 14255/2016, which was disposed of as per Ext.P12 judgment dated 08/04/2016, directing the first respondent / Government to consider and finalize the said proceedings within a time frame. It was pursuant to said verdict, that the matter was considered by the Government, leading to Ext.P13 order dated 04/06/2016.