BIJI FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the unsuccessful petitioner in W.P.(C) No. 34469 of 2017 wherein he had prayed for quashing Ext. P18 letter dated 31.8.2017 sent by the Chief Town Planner informing her that her application for approval of the layout of the proposed LPG godown will be considered only in the event of a fresh registered permanent lease deed without a termination clause being submitted. The brief facts of the case are as follows:

(2.) Pursuant to a notification issued by the Bharath Petroleum Corporation Limited (BPCL for short) for appointment as LPG distributor, the appellant applied. She was selected and thereupon Ext. P1 letter of intent dated 28.3.2015 was issued. It was inter-alia stipulated therein that she should provide a godown for storage of 8000 Kg (minimum) of LPG filled in cylinders. Yet another condition stipulated was that the construction of the godown and showroom should be completed within a period of four months from the date of the letter of intent and that the godown and showroom should be freely accessible through all weather motorable approach road. It was stipulated in Ext. P1 that the tenure of the distributorship shall be for an initial period of 10 years, renewable for a term of five years at a time, subject to the examination of the performance of the distributorship by the BPCL.

(3.) The appellant had, for the purpose of establishing the godown, taken on lease 19.17 Ares of land situate in Sy. No. 275/1 of Kakkulissery Village, Chalakudy Taluk, Thrissur District, lying to the north of her own lands. The access to both these parcels of land is through the Panchayat road passing along the eastern boundary. She thereafter submitted an application to the Petroleum and Explosives Safety Organisation (PESO) to approve the site layout and the construction plan of the proposed storage facility. A similar request was made to the Divisional Officer, Fire and Rescue Services, Palakkad as well. By Ext. P2 letter dated 4.8.2015 the Deputy Chief Controller of Explosives, Ernakulam approved the site layout and construction plan of the proposed storage facility subject to the conditions stipulated therein. By Ext. P3 letter dated 18.2015, the Divisional Officer, Fire and Rescue Services, Palakkad issued a no Objection Certificate subject to the conditions stipulated therein. It was inter-alia stipulated in Ext. P3 that the approach road should have a minimum width of 7 metres. The appellant thereafter submitted an application to the Secretary, Kuzhur Grama Panchayat for a building permit. That application was forwarded to the District Town Planner, Thrissur to be forwarded to the Chief Town Planner for approval. The District Town Planner returned the application for building permit to the Secretary, Kuzhur Grama Panchayat along with Ext. P4 letter dated 11.9.2015 wherein inter-alia it was mentioned that the access to the storage facility does not have a width of 7 metres as stipulated in Rule 61 of the Kerala Panchayat Building Rules, 2011 (hereinafter referred to as "the Rules" for short). He also pointed out that the lease deed in respect of the site of the proposed godown is not registered. He had inter-alia pointed out in the said letter that the width of the access is only 40 metres.