Kerala High Court
Indian Oil Corporation Limited vs Thenhipalam Grama Panchayat on 27 January, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.9959 OF 2019(T)
PETITIONER:
INDIAN OIL CORPORATION LIMITED, KERALA STATE OFFICE,
PANAMPILLY NAGAR, KOCHI-682 036,
REPRESENTED BY ITS GENERAL MANAGER (LPG).
BY ADVS.
SRI.P.GOPINATH (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SMT.NAYANPALLY RAMOLA
RESPONDENTS:
1 THENHIPALAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, POST THENHIPALAM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT-673 636
2 DEPARTMENT OF FIRE AND RESCUE SERVICES,
REPRESENTED BY THE DIRECTOR GENERAL FIRE FORCE JUNCTION,
PULIMOODU P.O, THIRUVANANTHAPURAM-695 001
3 REGIONAL FIRE OFFICER, OFFICE OF THE REGIONAL FIRE OFFICER,
FIRE AND RESCUE SERVICES, CIVIL STATION, P.O, PALAKKAD -678 001.
4 DISTRICT FIRE OFFICER, OFFICE OF THE DISTRICT FIRE OFFICER,
MUNDUPARAMBU P.O, MALAPPURAM-676 509
R1 BY ADV. SRI.MANOJ RAMASWAMY
R2-4 BY GOVERNMENT PLEADER SRI. TEK CHAND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2020, ALONG WITH
WP(C).41861/2018(G), WP(C).42588/2018(S), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.41861 OF 2018 (G)
PETITIONER:
P.M.MOHAMMADALI BABU, AGED 42 YEARS, S/O.P.M.AHAMMED KUTTY,
CHAIRMAN, IOC JANAKEEYA SAMARA SAMITHI, CHELARI, POST
THENHIPALAM, MALAPPURAM DISTRICT.
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL
SMT.N.S.SOUMYA MOL
SRI.P.ABDUL NISHAD
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO MINISTRY OF
PETROLEUM PRODUCTS, NEW DELHI, PIN- 110 001.
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.
3 THE DISTRICT COLLECTOR, MALAPPURAM,
POST MALAPPURAM, PIN - 676 505.
4 THE KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, PERINTHALMANNA ROAD, UP HILL P.O., MALAPPURAM
DISTRICT, PIN - 676 505, REPRESENTED BY THE ENVIRONMENTAL
ENGINEER.
5 THE DISTRICT TOWN PLANNER
MALAPPURAM, POST MALAPPURAM, PIN - 676 505.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 3 :
6 THENHIPALAM GRAMA PANCHAYATH, POST THENHIPALAM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN- 676 636,
REPRESENTED BY ITS SECRETARY.
7 INDIAN OIL CORPORATION LIMITED, POST THENHIPALAM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN- 673 636,
REPRESENTED BY ITS CHIEF PLANT MANAGER.
R1 BY SRI.M.N.MANMADAN, CGC
R2, R3 & R5 BY GOVERNMENT PLEADER SRI.TEK CHAND
R4 BY SRI.T.NAVEEN
R6 BY ADV. SHRI.ESM.KABEER
R7 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R7 BY ADV. SRI.K.JOHN MATHAI
R7 BY ADV. SRI.JOSON MANAVALAN
R7 BY ADV. SRI.KURYAN THOMAS
R7 BY ADV. SRI.PAULOSE C. ABRAHAM
R6 BY ADV. SRI.MANOJ RAMASWAMY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2020, ALONG
WITH WP(C).42588/2018(S), WP(C).9959/2019(T), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 4 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.42588 OF 2018(S)
PETITIONERS:
1 SAVAD KALLIYIL, MEMBER , WARD NO. 15,
THENHIPALAM GRAMA PANCHAYATH, S/O. ABOOBAKKER KALLIYIL,
AGED 33, POKATTUNGAL HOUSE, CHENAKKALANGADI P.O, PIN-673 636
2 T.P. THILAKAN, AGED 63 YEARS
RESIDING AT CHITHIRA, CHELARI, THENHIPALAM P.O,
MALAPPURAM, PIN-673 636
3 ANVARUDHEEN T.P., AGED 33 YEARS
S/O. ABOOBAKKER, GAJRAS KOLATHODE, CHENAKKALANGADI P.O,
THENHIPALAM, PIN-673 636
BY ADV. E.NARAYANAN
RESPONDENTS:
1 THE GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY,
REPRESENTED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ,
PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO),
KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR,
CGO COMPLEX KAKKANAD, ERNAKULAM-682 037
2 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-01
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 5 :
3 THE KERALA STATE POLLUTION CONTROL BOARD
KOZHIKODE REGIONAL OFFICE, 3RD FLOOR, ZAMORIN'S SQUARE,
LINK ROAD, KOZHIKODE-673 002
4 THE DISTRICT COLLECTOR
CIVIL STATION, UP HILL, MALAPPURAM, PIN-676 505
5 THENHIPALAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, THENHIPALAM P.O, PIN-673 636
6 THE SECRETARY, THENHIPALAM GRAMA PANCHAYATH,
THENHIPALAM P.O, PIN-673 636
7 THE INDIAN OIL CORPORATION LTD
INDANE BOTTLING PLANT, CHELARI, MALAPPURAM,
REPRESENTED BY ITS CHIEF PLANT MANAGER,
THENHIPALAM P.O, PIN-673 636
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R3 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
BY ADV. SHRI.ESM.KABEER
R7 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R7 BY ADV. SRI.K.JOHN MATHAI
R7 BY ADV. SRI.JOSON MANAVALAN
R7 BY ADV. SRI.KURYAN THOMAS
R7 BY ADV. SRI.PAULOSE C. ABRAHAM
SR.GP SRI.ARAVIND KUMAR BABU FOR R2 AND R4
R5 & 6 BY ADV. SRI.MANOJ RAMASWAMY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2020, ALONG
WITH WP(C).41861/2018(G), WP(C).9959/2019(T), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018
: 6 :
JUDGMENT
[ WP(C).9959/2019, WP(C).41861/2018, WP(C).42588/2018 ] Dated this the 27th day of January, 2020 S.MANIKUMAR, C.J.
W.P.(C)No.9959 of 2019 is filed by the Indian Oil Corporation Limited seeking for a direction to the first respondent/Thenhipalam Grama Panchayat to consider and pass orders on the application submitted by the petitioner for renewal of D & O license and for a direction to Thenhipalam Grama Panchayat, represented by its Secretary, Post Thenhipalam, Tirurangadi Taluk, Malappuram District (first respondent) not to interfere with the functioning of the petitioner.
2. W.P.(C)No.41861 of 2018 is filed by the nearby residents of the 7 th respondent/Indian Oil Corporation Limited seeking for a direction to the Indian Oil Corporation Limited, Post Thenhipalam, Tirurangadi Taluk, Malappuram District, PIN- 673 636, represented by its Chief Plant Manager (7th respondent) to stop the illegal functioning of LPG Bottling Plant at Chelari in Thenhipalam Grama Panchayat and also to limit the storage capacity of L.P. Gas of the present unit to 400 MT.
3. W.P.(C).42588 of 2018 is filed by the Chairman of IOC Janakeeya Samara Samithi, Chelari, Thenhipalam seeking for a direction to the the Indian WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 7 :
Oil Corporation Limited, Indane Bottling Plant, Chelari, Malappuram, represented by its Chief Plant Manager, Thenhipalam P.O. (7th respondent) to stop the illegal functioning of LPG Bottling Plant at Chelari in Thenhipalam Grama Panchayat.
4. According to the petitioner, 7 th respondent LPG Bottling plant is functioning in an unauthorized building and without any proper security measures. Moreover, it does not have any proper consent from the Pollution Control Board and the building is not approved by the District Town Planner.
5. When these writ petitions came up for consideration, by order dated 8.4.2019, this court directed the authorities of the Thenhipalam Grama Panchayat to consider the application for renewal of the D & O licence for the Calicut Bottling plant, after hearing the petitioners in all the three writ petitions as well as the other stakeholders. An order of status quo was also passed permitting the petitioners to continue operations of the plant till the next posting of these cases. When the cases came up for further consideration on 24.5.2019, Thenhipalam Grama Panchayat informed that a decision was awaited and accordingly, the court extended the order of status quo subject to the decision of the Panchayat.
6. On this day, when these cases came up for hearing, Sri.Manoj Ramaswamy, learned Standing Counsel appearing for Thenhipalam Grama WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 8 :
Panchayat submitted that in response to the directions of this court, the Panchayat (vide order No.S3 2567/2019 dated 10.1.2020) has decided to reject the application for license submitted by the Indian Oil Corporation for storage capacity of 2700 metric tonnes instead of 900 metric tonnes.
7. Being aggrieved by the said decision of the Panchayat dated 10.1.2020, W.P.(C)No.1343/2020 has been filed by the Indian Oil Corporation Limited. A learned single Judge of this court granted stay of operation of the impugned proceedings permitting the petitioner therein to continue functioning and operations of the Calicut Bottling plant of the petitioner located at Chelari, pending disposal of the writ petition.
8. Learned counsel for the petitioners in W.P.(C)No.42588 of 2018 has submitted that the petitioners therein are parties to the proceedings and they were heard by the Grama Panchayat authorities. If that be the case, it is always open to the petitioners in W.P.(C)No.42588 of 2018 to seek for impleadment as party respondents in W.P.(C)No.1343 of 2020 in accordance with law and subject to the objections of Indian Oil Corporation Limited/petitioner therein, and in accordance with law.
D & O license granted by the Panchayat has already been expired. In the light of the subsequent events pursuant to the interim order of this court dated, WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 9 :
24th May, 2019 in these writ petitions, as also the decision dated 10.1.2020 of the Thenhipalam Grama Panchayat, nothing further survives in these writ petitions for adjudication. Therefore, these writ petitions are closed.
SD/-
S.MANIKUMAR CHIEF JUSTICE SD/-
SHAJI P. CHALY JUDGE jes WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 10 :
APPENDIX OF WP(C) 9959/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE D & O LICENCE DATED 21.05.2018 ISSUED BY THE 1ST RESPONDENT PANCHAYAT FOR THE PERIOD FROM 1.04.2018 TO 31.03.2019.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION DATED 17.12.2018 IN WP(C) NO. 42588/2018 (MINUS ITS EXHIBITS).
EXHIBIT P3 TRUE COPY OF THE STATEMENT DATED 25.03.2019 (MINUS ITS ANNEXURES) FILED IN WP(C) NO. 42588 OF 2018.
EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION DATED 16.12.2018 IN WP(C) NOL 41861/2018 (MINUS ITS EXHIBITS) EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 29.10.2018 AT THE OFFICE OF THE DISTRICT COLLECTOR, MALAPPURAM. EXHIBIT P6 TRUE COPY OF LETTER BEARING REF. NO. CBP/ THENHIPALAM PANCHAYAT DATED 14.02.2019 FROM THE PETITIONER TO THE 1ST RESPONDENT PANCHAYAT.
EXHIBIT P7 TRUE COPY OF THE LETTER BEARING NO.S4-998/2019 DATED 20.02.2019 ISSUED BY THE SECRETARY OF THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE NOC DATED 27.03.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LICENSE NO.S/HO/KL/03/111 (S38929) ISSUED BY PESO DATED 30.01.2002, ALONG WITH THE RENEWAL ENDORSEMENT. EXHIBIT P10 TRUE COPY OF THE LICENSE NO.S/HO/KL/03/183(S4457) ISSUED BY PESCO DATED 06.09.1991, ALONG WITH THE RENEWAL ENDORSEMENT. EXHIBIT P11 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL DATED 16.03.2019 ISSUED BY THE KSPCB.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 11 :
EXHIBIT P12 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL DATED 16.03.2019 ISSUED BY THE KSPCB. EXHIBIT P13 TRUE COPY OF THE LICENSE DATED 12.02.2019 GRANTED BY THE DEPARTMENT OF FACTORIES AND BOILERS. EXHIBIT P14 TRUE COPY OF THE RECOMMENDATION DATED 18.03.2019 MADE BY THE 4TH RESPONDENT AFTER INSPECTING THE PREMISES OF THE PETITIONER.
EXHIBIT P15 TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE DATED 29.03.2019 FOR THE PERIOD 01.04.2019 TO 31.03.2020 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE NEWS PAPER CLIPPING DATED 14-06-2019 OF MATHRUBHUMI.
EXHIBIT P17 TRUE COPY OF THE NEWS PAPER CLIPPING DATED 14-06-2019 OF MALAYALA MANORAMA.
EXHIBIT P18 TRUE COPY OF THE NEWS PAPER CLIPPING DATED 14-06-2019 OF DESABHIMANI.
WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 12 :
APPENDIX OF WP(C) 41861/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.21076/2012 OF THIS HON'BLE COURT DATED 13/9/2012.
EXHIBIT P2 THE TRUE COPY OF THE DECISION NO.7(5) OF THE 5TH RESPONDENT DATED 1/10/2018.
EXHIBIT P3 THE TRUE COPY OF THE DECISION NO.7(6) OF THE 5TH RESPONDENT DATED 1/10/2018.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR PETROLEUM, GOVERNMENT OF INDIA, NEW DELHI DATED 9/10/2018.
EXHIBIT P5 THE TRUE COPY OF THE DECISION TAKEN BY THE 3RD RESPONDENT DATED 29/10/2018.
EXHIBIT P6 THE TRUE COPY OF THE DECISION OF THE 5TH RESPONDENT GRAMA PANCHAYATH DATED 29/10/2018.
EXHIBIT P7 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH DATED NIL. WP(C)Nos.9959/2019, 41861/2018 & 42588/2018 : 13 :
APPENDIX OF WP(C) 42588/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF PESO LICENSE DATED 28/09/17 ISSUED TO THE SEVENTH RESPONDENT.
EXHIBIT P2 TRUE COPY OF RENEWED INTEGRATED CONSENT TO OPERATE DATED 29.02.16 BEARING FILES NO. PCB/HO/AE1/MLPM/IC/01/2016 EXHIBIT P3 TRUE COPY OF APPLICATION DATED 21.05.2018 SUBMITTED BY THE SEVENTH RESPONDENT BEFORE THE SIXTH RESPONDENT FOR RENEWING THE D AND O LICENSE FOR THE PERIOD 2018 TO 2019 EXHIBIT P4 TRUE COPY OF MINUTES OF THE THENHIPALAM GRAMA PANCHAYATH MEETING HELD ON 27.10.2018 (WITH ENGLISH TRANSLATION OF THE RELEVANT PORTION.) // TRUE COPY // P.S. TO JUDGE