Kerala High Court
Gowri Sharad vs The State Of Kerala on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.12445 OF 2019(E)
PETITIONER/S:
GOWRI SHARAD,
AGED 39 YEARS, W/O. SHARAD NAIR,
4C VANSHIKA APARTMENTS,
PANAMPILLY LINK ROAD,
COCHIN, ERNAKULAM - 682 020.
BY ADVS.
SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY
TO DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIVISIONAL OFFICER,
FIRE AND RESCUE SERVICES,
PALAKKAD, PIN-678 001.
3 LAKKIDI-PERUR GRAMA PANCHAYATH,
MANGALAM.P.O., PALAKKAD DISTRICT,
PIN-679 301,
REPRESENTED BY ITS SECRETARY.
4 THE SECRETARY,
LAKKIDI-PERUR GRAMA PANCHAYATH,
MANGALAM P.O., PALAKKAD DISTRICT,
PIN-679 301.
R3 & R4 BY ADV. SRI.P.C.SASIDHARAN
R1 & R2 BY SRI.K.J.MANURAJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, ALONG WITH WP(C).21073/2020(H), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.21073 OF 2020(H)
PETITIONER/S:
GOWRI SHARAD,
AGED 39 YEARS, W/O SHARAD NAIR,
4C VANSHIKA APARTMENTS, PANAMPILLY LINK ROAD,
COCHIN, ERNAKULAM-682 020.
BY ADVS.
SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
SRI.SURESH SUKUMAR
SRI.ANZIL SALIM
SHRI.CHACKO MATHEWS K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY
TO DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIVISIONAL OFFICER,
FIRE AND RESCUE SERVICES,
PALAKKAD, PIN-678 001.
3 LAKKIDI-PERUR GRAMA PANCHAYATH,
MANGALAM P.O.,
PALAKKAD DISTRICT, PIN-679 301,
REPRESENTED BY ITS SECRETARY.
4 THE SECRETARY,
LAKKIDI-PRUR GRAMA PANCHAYATH,
MANGALAM P.O.,PALAKKAD DISTRICT,
PIN-679 301.
R3&R4 BY ADV. SRI.P.C.SASIDHARAN
R1&R2 BY SRI.K.J.MANURAJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, ALONG WITH WP(C).12445/2019(E), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
3
W.P.(C) Nos.12445 of 2019
&
21073 of 2020
-------------------------------------------------------------
JUDGMENT
The issues raised in these writ petitions are closely
interlinked and they are, therefore, disposed of by this common
judgment. The parties and documents are referred to in this judgment,
as they appear in W.P.(C)No.12445 of 2019.
2. During 2014, the petitioner obtained a dealership of
Bharat Petroleum Corporation Ltd. for distribution of LPG cylinders.
She has constructed thereupon, a warehouse for storing the LPG
cylinders. It is stated that No Objection Certificate of the Fire and
Rescue Services Department of the State Government was insisted by
the Panchayat for considering the application for licence and
accordingly, she obtained Ext.P2 No Objection Certificate dated
08.07.2015 from the Fire and Rescue Services Department and
produced before the Panchayat. It is stated that on the basis of the
said No Objection Certificate, the licence applied for by the petitioner
has been granted by the Panchayat and it has been renewed upto the
period 2018-2019. Ext.P4 is the licence issued to the petitioner for the
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
period 2018-2019. It is stated by the petitioner that on the expiry of
Ext.P4 licence, the petitioner preferred Ext.P5 application for renewal
of the same. It is alleged by the petitioner that Ext.P5 application is
not being considered by the fourth respondent, the Secretary of the
Panchayat taking the stand that Ext.P2 No Objection Certificate has
been issued showing its validity as one year and therefore, the
petitioner has to obtain a fresh No Objection Certificate from the Fire
and Rescue Services Department for the Panchayat to consider the
application for renewal of licence. The case set out by the petitioner in
the writ petition is that since the petitioner has been granted licence
once in terms of the Kerala Panchayat Raj (Issue of licence to
Factories, Trades, Entrepreneurship activities and other services)
Rules, 1996, the renewal of the licence is governed by Rule 10 of the
said Rules and the said Rule does not empower the Panchayat to insist
any document for the purpose of considering an application for
renewal of the licence. The petitioner, therefore, seeks appropriate
directions in this regard in the writ petition.
3. As noted, Ext.P5 application was one preferred by the
petitioner for licence for the period 2019-20. When the said period
expired, it is stated that the petitioner approached the fourth
respondent for submitting an application for renewal of the licence. It
is also stated that the petitioner was then informed by the fourth
respondent that the application can be preferred only online. It is
further stated that though the petitioner has made an attempt to
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
prefer an application online for renewal of the licence, the application
was not being accepted in the portal as the petitioner did not enclose
the No Objection Certificate of the the Fire and Rescue Services
Department along with the application. The petitioner therefore,
preferred W.P.(C)No.21073 of 2020 seeking directions to respondents 3
and 4 to grant licence without insisting the No Objection Certificate of
the Fire and Rescue Services Department of the State.
4. Counter affidavits have been filed by the Panchayat
in both the writ petitions. The stand taken by the Panchayat in the
counter affidavits is that the Panchayat is empowered to insist the No
Objection Certificate of the Fire and Rescue Services Department for
the purpose of considering the application for renewal of the licence as
well, especially when the validity of Ext.P2 No Objection Certificate
expired long back.
5. Heard the learned counsel for the petitioner, the
learned Government Pleader as also the learned counsel for the
Panchayat.
6. It is seen that in an almost identical case, in the
context of a crusher unit, the issue has been considered by the
Division Bench of this Court in Malabar Granites v. Secretary
Koppam Grama Panchayat, 2019(1) KLT 620, and it was held that
in the light of Rule 10 of the Kerala Panchayat Raj (Issue of licence to
Factories, Trades, Entrepreneurship activities and other services)
Rules, 1996, No Objection Certificates insisted while considering the
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
application for grant of licence cannot be insisted while considering
the application for renewal. The relevant portion in paragraph 7 of the
judgment reads thus :
"7. x x x x x x x Therefore, it is directed that the Panchayat
authorities, while considering the renewal, may themselves call
for reports from the Fire and Safety Department as also the
District Medical Officer with regard to the safety concern of the
crusher unit and if there is any negative input, they can seek
necessary corrective measure from the appellant. Since the
validity of the appellant's current licence is up to 31.03.2019, the
Secretary of the Grama Panchayat would immediately seek
reports from both authorities (the Fire and Safety Department as
well as the Medical Officer) so that there is no delay in
considering the renewal application and more particularly, there
is no gap between the expiry and renewal of the licence. If the
appellant unit is in possession of a valid consent from the
Pollution Control Board, then, the report from the DMO will not
however be warranted. In the event of any corrective steps to
be addressed by the appellant, they should be put on notice
before any negative decision is taken, on the renewal
application."
As evident from the extracted portion of the judgment, it is, however,
made clear in the judgment that while considering the application
renewal, the Panchayat can certainly call for reports from the Fire and
Rescue Services Department to rule out the concerns of public safety.
In the light of the decision of this Court in Malabar
Granites, the writ petitions are disposed of directing the fourth
respondent to accept the application from the petitioner for renewal of
the licence for the period 2020-2021, call for the views of the second
respondent and renew the licence granted to the petitioner for the
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
period upto 31.03.21 without insisting No Objection Certificate from
the second respondent, if no concern of public safety is pointed out by
the second respondent. It is also directed that the views of the second
respondent shall be called for by the fourth respondent within a week
from the date of production of a copy of this judgment, and the second
respondent shall forward the views sought within a week thereafter.
Final orders shall be passed on the application for renewal of licence
within two weeks thereafter.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
APPENDIX OF WP(C) 12445/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED
11.8.2014 ISSUED BY THE BPCL.
EXHIBIT P2 TRUE COPY OF THE NO OBJECTION
CERTIFICATE BERING NO. D-4110/15 DATED
8.7.2015.
EXHIBIT P3 TRUE COPY OF THE LICENSE BEARING NO.
G/SC/KL/06/894 (G37197) DATED 8.7.2014.
EXHIBIT P3(a) TRUE COPY OF THE ORDER DATED 19.9.2018.
EXHIBIT P4 TRUE COPY OF THE LICENSE BEARING NO.
A6-1491/2018/2018-19 (108/43555) DATED
1.4.2018 ISSUED BY THE 4TH RESPONDENT
FOR THE YEAR 2018-19.
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR
RENEWAL OF THE LICENSE AS EARLY AS ON
16.2.2019.
EXHIBIT P5(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED
16.2.2019 EVIDENCING THE SUBMISSION OF
EXT.P5, ISSUED BY 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE CHALAN DATED 28.3.2019
EVIDENCING THE PAYMENT OF RS.15,750/-
FOR RENEWAL OF NOC BY THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE UNDERTAKING DATED
30.3.2019.
EXHIBIT P8 TRUE COPY OF ONE OF SUCH INTERIM ORDER
PASSED IN WP(C) NO.17220/2016 DATED
10/5/2016.
W.P.(C) Nos.12445 of 2019 &
21073 of 2020
APPENDIX OF WP(C) 21073/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED
11.8.2014 ISSUED BY THE BPCL
EXHIBIT P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE
BEARING NO D-4110/15 DATED 8.7.2015
EXHIBIT P3 TRUE COPY OF THE LICENSE BEARING NO
G/SC/KL/06/894(G37197) DATED 8.7.2014
EXHIBIT P3(a) TRUE COPY OF THE ORDER DATED 19.9.2018
EXHIBIT P4 TRUE COPY OF THE LICENSE BEARING NO A6-
1491/2018/2018-19(108/43555) DATED 1.4.2018
ISSUED BY THE 4TH RESPONDENT FOR THE YEAR
2018-19
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR RENEWAL OF
THE LICENSE AS EARLY AS ON 16.2.2019
EXHIBIT P5(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED
16.2.2019 EVIDENCING THE SUBMISSION OF
EXT.P5, ISSUED BY 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE CHALAN DATED 28.3.2019
EVIDENCING THE PAYMENT OF RS.15,750/- FOR
RENEWAL OF NOC BY THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE UNDERTAKING DATED
30.3.2019
EXHIBIT P8 TRUE COPY OF ONE OF SUCH INTERIM ORDER
PASSED IN WP(C)17220/2016 DATED 10.5.2016
EXHIBIT P9 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
13.6.2019 FILED BY THE 3RD AND 4TH
RESPONDENTS IN WP(C)12445/2019
