Ramachandran K.V vs Secretary, Chemenchery Grama ...
2021 Latest Caselaw 20710 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 18375 OF 2021
PETITIONER:

          RAMACHANDRAN K.V.
          AGED 67 YEARS
          S/O. CHORIN, ARIN NIVAS, CHEMANCHERY P.O, POOKKAD,
          KOZHIKODE.

          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL



RESPONDENTS:

    1     THE SECRETARY,
          CHEMANCHERY GRAMA PANCHAYATH, CHEMANCHERY P.O,
          KOZHIKODE - 673 304.

    2     CHEMANCHERY GRAMA PANCHAYATH
          REP BY ITS SECRETARY, CHEMANCHERY P.O,
          KOZHIKODE - 673 304.

    3     THE DISTRICT TOWN PLANNER,
          DEPARTMENT OF COUNTRY AND TOWN PLANNING
          LSGD PLANNING, DISTRICT TOWN PLANNER OFFICE,
          KOZHIKODE - 673 001.

    4     THE EXECUTIVE ENGINEER,
          PWD ROADS DIVISION, KOZHIKODE - 673 002.

    5     BHARAT PETROLEUM CORPORATION LTD,
          REP BY ITS CHIEF REGIONAL MANAGER,
          3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD,
          NADAKKAVU WEST, CALICUT - 673 9011.

          BY ADVS.

          VINOD SINGH CHERIYAN
          M.GOPIKRISHNAN NAMBIAR
          K.JOHN MATHAI
          JOSON MANAVALAN
          KURYAN THOMAS
 WP(C) NO. 18375 OF 2021

                                   2

             PAULOSE C. ABRAHAM
             RAJA KANNAN
             T.M.KHALID
             K.P.SUSMITHA

             SRI. APPU.P.S, GOVERNMENT PLEADER




      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   05.10.2021,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18375 OF 2021

                                     3


                               JUDGMENT

This writ petition is filed seeking the following reliefs:

i. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 2nd respondent to issue building permit to the petitioner's site without insisting access permission from PWD as per G.O(M.S)No.67/2020/PWD. ii. To issue a writ of certiorari or any other appropriate writ order or direction to call for the records pertaining to Ext.P4 and to quash the same.

2. Heard the learned counsel for the petitioner, the

learned Government Pleader, the learned Counsel appearing for

the respondents 1 and 2 and the learned Standing Counsel

appearing for the 5th respondent.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had made an application for

starting petroleum retail outlet in 47.5 cents of property within

the jurisdiction of the 2nd respondent Panchayat. It is submitted

that the first respondent had directed the petitioner to produce

the access permission as required in G.O(M.S) No.67/2020/PWD

dated 16.10.2020. It is submitted by the learned counsel for the

petitioner that the said Government Order stands specifically set

aside by this Court and this court in Ext.P7 judgment had

directed the local authorities to consider applications submitted WP(C) NO. 18375 OF 2021

before them without reference to the Government Order dated

10.02.2020 and 16.10.2020. The learned Counsel for the

Panchayat submits that the application submitted by the

petitioner has not been rejected and is still under consideration

of the respondents.

4. In the above view of the matter, there will be a

direction to the 1st respondent to consider the application

submitted by the petitioner for building permit and to pass

orders on the same without insisting on the access permission

from PWD as required in G.O.(M.S)No.67/2020/PWD dated

16.10.2020. Appropriate action shall be taken within a period of

one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

DK WP(C) NO. 18375 OF 2021

APPENDIX OF WP(C) 18375/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 09.03.2019.

Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 25/11/2020.

Exhibit P3 COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 29.05.2019 SUBMITTED BY THE PETITIONER.

Exhibit P4 COPY OF THE ORDER OF LAYOUT APPROVAL DATED 28.06.2021.

Exhibit P5 COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 24.08.2021.

Exhibit P6 COPY OF THE JUDGMENT IN WP(C) NO.

3844/2020 DATED 2.12.20.

Exhibit P7 COPY OF THE JUDGMENT OF WP(C) NO.

5973/2021 DATED 12.08.2021.