Writ Appeals Nos. 2577 of 2019 and 2578 of 2019
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- S. Manikumar
- Shaji P. Chaly
- Judgment Date
- 2020-01-16
- Court Decision / Holding
- Writ appeals disposed of with directions to the committee of the Vayalar Grama Panchayat to take a decision in the appeals submitted by the appellants, at the earliest and at any rate, within one month from the date of receipt of a copy of this judgment, after providing sufficient opportunity of hearing to the appellants and all other interested persons. All questions of law and facts raised by the appellants in these writ appeals are left open to be adjudicated as and when the circumstances require.
- Final Disposition
- Writ appeals disposed of with directions to the Grama Panchayat committee to decide the appeals within one month of receipt of this judgment, after providing hearing; the statutory appeal before the Panchayat committee remains open for further adjudication as required.
Parties to the Case
Appellants / Petitioners
- Dr. N. Madhava Menon
- P. Prakashan
- AKSHARA ARAVIND
- D. SANTHOSH KUMAR
- N. JANARDHANA MENON
- SELINE JOHN
Respondents
- Xavier J Ponnezhathu
- The Valayar Grama Panchayat represented by its Secretary
- The Secretary, The Valayar Grama Panchayat
- Bharath Petroleum Corporation Ltd.
- The District Collector, Alappuzha
- The State of Kerala represented by its Secretary, Local Self Government
- The Secretary, Valayar Grama Panchayat
Legal Representation & Advocates
Counsels for Petitioners
- • P. V. Jayachandran
- • K. C. Eldho
- • R. Rajasekharan Pillai
Counsels for Respondents
- • Deepu Lal Mohan
- • K. John Mathai
- • Joson Manaval
- • Kuryan Thomas
- • Pauloose C. Abraham
- • Murali Purushothaman
Case Synopsis & Summary
These writ appeals challenge a 2019 High Court judgment in WP(C) Nos. 2664/2019 and 1553/2019, concerning the initiation of a gas cylinder go-down by the petitioner under the Gas Cylinders Rules and the licensing process under the Kerala Panchayat Raj Act, 1994. The learned Single Judge held that the Secretary of the Vayalar Grama Panchayat must decide the trade licence application independently of other statutes and in conformity with the court’s controlling guidance, notably relying on a Full Bench decision in Tommy Thomas v. State of Kerala. He observed that Ext.P7 and Exts.P21, P18 were without forensic support and directed the Panchayat Secretary to process the application of Xavier J. Ponnezhathu, ensuring that all requisite licences, consents and permissions are obtained and that any licence be issued only after verifying all germane inputs. The judge also indicated that, after dictating the judgment, the hearing of other affected parties could be afforded if required. The matter later saw an order dated 21.11.2019 granting a licence for the gas cylinder go-down, and an appeal against that order was pending before the Panchayat committee. Consequently, the writ appeals were disposed of with directions to the Panchayat committee to decide the appeals at the earliest (within one month of copy of this judgment), after providing a full opportunity of hearing, while leaving all questions of law and fact open for adjudication as and when required.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contended that the licensing of the gas cylinder go-down must be conducted strictly under the Kerala Panchayat Raj Act, 1994 and the Gas Cylinders Rules, and that Ext.P7 and Exts.P21/P18 lacked forensic support. They urged that the Secretary should decide the trade licence independently and after ensuring all requisite licences and permissions are obtained, with due hearing for all interested parties, in line with the Tommy Thomas (supra) guidance. They also pressed for inclusion of all affected parties in the hearing process.
Contentions of Respondents
The respondents argued that licensing decisions must be in strict compliance with the Kerala Panchayat Raj Act, 1994 and the Gas Cylinders Rules, and that the Panchayat Secretary has the authority to process and grant licences after verifying all inputs. They highlighted that licence issuance is subject to obtaining necessary permissions and that the statutory remedy before the Panchayat committee should be expeditiously considered, with opportunity of hearing to interested parties.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Tommy Thomas v. State of Kerala | 2019(3) KLT 987 | Positive | Court reliance on and adherence to the Tommy Thomas (supra) ruling as guiding principles for licensing and due process. |
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