Gowri Sharad v. State of Kerala & Ors.

## **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** **-------------------------------------------------------------** ## **J U D G M E N T** 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 4 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 5 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 6 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 7 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 8 ## **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 9 ## **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 A61491/2018/2018-19(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**