Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941 PETITIONERS: 1 ANISHA E., AGED 35 YEARS D/O.ANDI E., BUILDING NO.CP 5/258, POOLACODE AMSOM AND DESOM, KOZHIKODE - 673 601, (AEK FUEL STATION, BPC DEALER, KATTANGAL). 2 VISHAK K., S/O.VIJAYAN, KATTIL HOUSE, CHINGAPURAM (P.O.), PAYYOLI, KOZHIKODE - 673 522, (FORTUNE FUELS, IOC DEALER). 3 AZAD M.M., S/O.AMUHAMMED, MUSLIYARAKATH, KOODARANHI, KOZHIKODE - 673 604. (HENNA PETROLEUM, BPC DEALER, KOODARANHI). 4 K.K.SREELATHA, D/O.UNNI, SAKETHAM, MANKUTTIKKARA, KOYILANDY (P.O.), KOZHIKODE - 673 305. (DAYA PETROLEUM, BPC DEALER, ARANGADATH). 5 MAYA A.P., D/O.UNNIKRISHNAN NAMBOOTHIRI, HARISREE HOUSE, PERUVAYAL (P.O.), KOZHIKODE - 673 008. (HARISRE PETROLEUM, IOC DEALER, VELLIPARAMBA). 6 SINDA P.K., D/O.KUMARAN P.K., NANMA, KAVILUMPARA (P.O.), KOZHIKODE - 673 513. (NANMA PETROLEUM, HPC DEALER, KAKKATTIL). 7 MUHAMMED SHAHEER, S/O.ABDUL HAMEED, SHAHIDA MANZIL, UNNIKULAM (P.O.), POONOOR, KOZHIKODE - 673 516. (POONOOR PETROLEUM, HPC DEALER, KAKKATTIL). 8 JABIR, S/O.MOOSA HAJI, EDAVALAKANDY, PADANILAM (P.O.), KOZHIKODE 673 571. (VALAPPIL PETROLEUM, HPC DEALER, PADANILAM). 9 SHAMSUDEEN, S/O.KUNHAMMED, VAIDERAKANDY, KUTTIADY, KOZHIKODE - 673 508. (FATHIMA PETROLEUM, HPC DEALER, AYANIKADU). 10 ASLAM T.E., S/O.KUNHAMMED HAJI, THAZAEDAVANCHERY, KODIYURA (P.O.), KOZHIKODE - 673 506. (NARIKKUNI PETROLEUM, HPC DEALER, NARIKKUNI). 11 JABIR N.P., S/O.KUNHI, NELLIYAMPURATH HOUSE, KODIYURA (P.O.), KOZHIKODE - 673 506. (VANIMAL FUEL CENTRE, HPC DEALER, VANIMAL). 12 PRASEETHA K., D/O.KRISHNAN, P.C.GARDENS, VADAKARA, KOZHIKODE - 673 101. (PEE CEE'S AUTO FUELS, HPC DEALER, AYANCHERI). 13 AKHIL LAL, S/O.SATHEESAN, MADATHIL HOUSE, ERANHIPALAM (P.O.), KOZHIKODE - 673 006. (KPK SONS (ADHOC), BPC DEALER, POONOOR). 14 RAHUL C., S/O.JAYARAJAN, PANTHEERANKAVU (P.O.), KOZHIKODE - 673 019. (CHAMBAYIL PETROLEUM, IOC DEALER, PANTHEERAMKAVU). 15 APSI V.K., D/O.SAHADEVAN, GURUVAYURAPPAN COLLEGE (P.O.), KOZHIKODE - 673 014. (AMEYA PETROLEUM, BPC DEALER, GURUVAYURAPPAN COLLEGE). BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINES AND FUELS, SECRETARIAT, NEW DELHI - 110 001. 2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN, NANTHANCAUD, THIRUVANANTHAPURAM - 695 003. 4 DIRECTOR OF PANCHAYAT, DIRECTORATE OF PANCHAYAT, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 003. 5 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS SENIOR REGIONAL MANAGER, KOZHIKODE RETAIL REGION, ELATHUR, KOZHIKODE - 673 303. 6 INDIAN OIL CORPORATION LTD., REPRESENTED BY ITS SENIOR REGIONAL MANAGER, PANAMPILLY AVENUE, PANAMPILLY NAGAR, KOCHI - 682 036. 7 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY THE ITS SENIOR REGIONAL MANAGER, POST BAG NO.2, AMBALAMUKAL, KOCHI - 682 302. 8 CHATHAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHATHAMANGALAM, KOZHIKODE - 673 601.
9 CHENGOTTUKAVU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHENGOTTUKAVU, KOZHIKODE - 673 306. 10 PERUVAYAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PERUVAYAL, KOZHIKODE - 673 024. 11 KUNNUMMAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNNUMMAL, KOZHIKODE - 673 507. 12 VALAYAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALAYAM, KOZHIKODE - 673 517. 13 KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, KOZHIKODE - 673 011. 14 UNNIKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, UNNIKULAM, KOZHIKODE - 673 574.
15 KUNNAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNNAMANGALAM, KOZHIKODE - 673 571.
16 PAYYOLI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,PAYYOLI, KOZHIKODE - 673 522. 17 NARIKKUNI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NARIKKUNI, KOZHIKODE - 673 585. 18 VANIMAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOZHIKODE - 673 506. 19 AYANCHERI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AYACHERI, KOZHIKODE - 673 541. 20 OLAVANNA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OLAVANNA, KOZHIKODE - 673 019. 21 SENIOR ENVIRONMENTAL ENGINEER, 3RD FLOOR, ZAMORINS SQUARE, LINK ROAD, CALICUT - 673 002.
22 DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, ARTS AND SCIENCES COLLEGE (P.O.), MEENCHANDA, CALICUT - 673 018. R1 BY ADV. SRI.K.ARJUN VENUGOPAL R5, R7 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5, R7 BY ADV. SRI.K.JOHN MATHAI R5, R7 BY ADV. SRI.JOSON MANAVALAN R5, R7 BY ADV. SRI.KURYAN THOMAS R5, R7 BY ADV. SRI.PAULOSE C. ABRAHAM SRI MANU RAJ K.J- GOVERNMENT PLEADER ; SRI NAVEEN T-STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners, who are stated to be the dealers of petroleum products of respondents 5 to 7 in Kozhikkode District, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 8 to 20 to issue renewed trade licence/D&O license physically on paper to them, without insisting for clearance from the Kerala State Pollution Control Board, Fire and Rescue Services Department, Inspector of Factories and District Industries Centre. They have also sought for a declaration that the Local Self Government Institutions like respondents 8 to 20 are duty bound to renew the trade licence/D&O license to them without insisting for the clearance from the Kerala State Pollution Control Board, Fire and Rescue Services Department, Inspector of Factories and District Industries Centre.
2. On 22.05.2019, when this writ petition came up for
admission, the learned counsel for the petitioners was directed to place on record, necessary documents in support of the pleadings. Thereafter, further time was granted on 30.05.2019, 14.06.2019, 26.06.2019, 05.07.2019, 16.07.2019, 06.08.2019, 13.08.2019 and 21.08.2019.
3. In Bharat Singh v. State of Haryana [(1988) 4
SCC 534] the Apex Court held that, when a point which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and prove such facts by evidence which must appear from the writ petition and if he is the respondent, from the counter-affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter-affidavit, as the case may be, the Court will not entertain the point. The Apex Court
held further that there is a distinction between a pleading
under the Code of Civil Procedure Code, 1908 and a writ petition or a counter-affidavit. While in a pleading, i.e., a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition or in the counter-affidavit not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it.
4. Today, when the case is taken up for consideration,
the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to file fresh writ petitions with proper pleadings and reliefs. Recording the above submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners. Sd/- ANIL K.NARENDRAN, JUDGE AV/3/9