Murali T.G vs Vettom Grama Panchayath
2022 Latest Caselaw 10921 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                   WP(C) NO. 17355 OF 2022
PETITIONER:

          MURALI T.G
          AGED 52 YEARS
          S/O. GOPALA IYYAR, MODERN HOUSE,
          TRIKANDIYOOR POST, TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN - 676104

          BY ADVS.
          M.MUHAMMED SHAFI
          T.RASINI
          AYISHA AFRIN A.V.K.



RESPONDENTS:

    1     VETTOM GRAMA PANCHAYATH
          VETTOM P.O., TIRUR TALUK,
          MALAPPURAM DISTRICT,
          REPRESENTED BY ITS SECRETARY
          , PIN - 676102

    2     THE SECRETARY
          VETTOM GRAMA PANCHAYATH,
          VETTOM P.O., TIRUR TALUK,
          MALAPPURAM DISTRICT
          , PIN - 676102

    3     THE ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD,
          DISTRICT OFFICE MALAPPURAM
          , PIN - 676505

    4     THE REGIONAL FIRE OFFICER
          OFFICE OF THE REGIONAL FIRE OFFICER,
          FIRE AND RESCUE SERVICES PALAKKAD
          , PIN - 678001

    5     THE CHIEF TOWN PLANNER
          OFFICE OF THE CHIEF TOWN PLANNER,
          THIRUVANANTHAPURAM
          , PIN - 695033
 W.P.(C) No.17355 of 2022                  2

     6       THE DISTRICT TOWN PLANNING OFFICER
             OFFICE OF THE DISTRICT TOWN PLANNER,
             MALAPPURAM P.O.,
              PIN - 676505

     7       THE INDIAN OIL CORPORATION
             PANAMPALLY NAGAR, KOCHI.
             REPRESENTED BY ITS CHIEF AREA MANAGER, PIN - 682036

             BY ADVS.
             C.M.MOHAMMED IQUABAL
             ADVOCATE GENERAL OFFICE KERALA
             M.GOPIKRISHNAN NAMBIAR
             K.JOHN MATHAI
             JOSON MANAVALAN
             KURYAN THOMAS
             PAULOSE C. ABRAHAM
             RAJA KANNAN




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.11.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.17355 of 2022                 3


                            JUDGMENT

The petitioner proposes to start an L.P.G

distributionship of 7th respondent - Indian Oil Corporation

at Tirur. Though, the petitioner completed the

construction of LPG storage godown, the same is not

numbered by the Panchayat raising the objection that the

minimum width of access to the building in terms of Rule

28 of the Kerala Panchayat Building Rules is not available

at the point entering the building. The 1 st respondent

relies on Ext.R1(a) report of the Assistant Engineer to

contend that the road leading to the building of the

petitioner is not having 7 meters width at all points.

2. Per contra, the learned counsel for the

petitioner submits that the road in front of the

petitioner's building is having a width of 7 meters.

3. In view of the rival contention, there will be a

direction to respondents 1 and 4 to conduct a joint

inspection of the site where the petitioner proposes to set

up the L.P.G godown to ascertain whether width of

access to the building of the petitioner satisfies the

requirement as per Rule 28 of the Kerala Panchayat

Building Rules. The joint inspection shall be done with

notice to the petitioner within a period of two weeks from

the date of receipt of a copy of this judgment. Based on

the said inspection, further proceedings shall be initiated

by the 1st respondent - Panchayat on the application of

the petitioner for numbering the building. If the width of

the road satisfies the requirement as provided under Rule

28, the 1st respondent shall number the building within

two weeks thereafter.

The writ petition is disposed of.

MURALI PURUSHOTHAMAN JUDGE

TR

APPENDIX OF WP(C) 17355/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 7TH RESPONDENT DATED 12.10.2016

Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 7TH RESPONDENT DATED 08.06.2020

Exhibit P3 TRUE COPY OF THE LEASE DEED DATED 22.07.2021

Exhibit P4 TRUE COPY OF THE APPROVAL OF THE 7TH RESPONDENT DATED 20.12.2021

Exhibit P5 TRUE COPY OF THE ORDER OF THE 6TH RESPONDENT DATED 22.11.2021

Exhibit P6 TRUE COPY OF THE NOC ISSUED BY THE 4TH RESPONDENT DATED 18.09.2021

Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 07.09.2021

Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE PESO DATED 18.04.2022

Exhibit P9 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT DATED 08.12.2021

Exhibit P10 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 16.04.2022

Exhibit P11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 29-04-2022

Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 09.05.2022

Exhibit P13 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 10.05.2022

RESPONDENT EXHIBITS

EXHIBIT R1(a) The true copy of the report of Assistant Engineer LSGD Section, Vettom Grama Panchayath dated 15.06.2022

EXHIBIT R4(A) A TRUE COPY OF THE NOC VIDE NO.D.1495/2022DATED 13.04.2022

EXHIBIT R4(B) TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER FOR THE PURPOSE OF INITIAL NOC