Eldhose K.Y vs Thuravoor Grama Panchayath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.151 OF 2021(T)


PETITIONERS:

      1        ELDHOSE K.Y, AGED 42 YEARS, S/O.YACOB, KOORAN HOUSE,
               UTHUPUKAVALA, THURAVOOR, ERNAKULAM, PIN-683 572.

      2        VARGHESE K.D., AGED 43 YEARS, S/O.DEVASSY,
               KARIMATHI HOUSE, THALACKOTTU PARAMBU, THURAVOOR,
               ERNAKULAM-683 572.

               BY ADVS.
               SRI.K.R.VINOD
               SMT.M.S.LETHA

RESPONDENTS:

      1        THURAVOOR GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, THURAVOOR P.O.,
               ERNAKULAM, PIN-683 572.

      2        THE SECRETARY,
               THURAVOOR GRAMA PANCHAYATH, THURAVOOR P.O.,
               ERNAKULAM, PIN-683 572.

               BY ADVS. SRI.ISSAC.M.PERUMPILLIL, SC,
                           THURAVOOR GRAMA PANCHAYAT

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.151 OF 2021(T)

                              -2-

                          JUDGMENT

Dated this the 5th day of January 2021 The petitioners approached the 2nd respondent by Ext.P1 application, dated 02.12.2020, to provide an opportunity of being heard before granting building permit to construct a petroleum retail outlet by M/s. Bharath Petroleum Corporation Ltd.

2. The learned Standing Counsel for the respondents submits that though the respondent received Ext.P1 application from the petitioners, no application for building permit has been submitted by M/s. Bharath Petroleum Corporation Ltd.

3. Having considered the facts and circumstances, this Court is of the view that the petitioners shall serve a copy of Ext.P1 application to the proposed applicant. In the event any WP(C).No.151 OF 2021(T) -3- application is filed by the proposed applicant, necessarily, the petitioners' objection also be adverted to by the Panchayat based on Ext.P1 application before issuing any building permit. The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv WP(C).No.151 OF 2021(T) -4- APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE APPLICATION FOR PROVIDING AN OPPORTUNITY OF BEING HEARD SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 2.12.2020.

EXHIBIT P2 THE COPY OF THE ACKNOWLEDGEMENT OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 2.12.2020.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE