IMPORTANT POINTS
Storage of LPG Cylinders will be permitted only if a No Objection Certificate is obtained from the local Body, namely, the Grama Panchayat or the Urban Local Body concerned. This does not, however, automatically mean that the Trade Licence also has to be issued by the Panchayat or the Urban Local Body if the provisions of the applicable Act for such purpose prescribe to the contrary.

JUDGMENT :

This is not the first time-and certainly may not be the last-that a person seeking a Trade License under the Kerala Municipality Act, 1961, has had to approach this Court. However, what is consterning is that, inspite of repeated judgments from this Court, finally culminating in Tommy Thomas Vs. State of Kerala [2019(3) KLT 987], few statutory Authorities still remain oblivious to the breadth and contours of their duties and obligations under the applicable provisions of law, thus forcing this Court to intervene and restate.

2. In this case, instead of considering an application for Trade License, the Secretary of the respondent Panchayat placed it before its committee and when they adopted a resolution to reject it, the Secretary invoked Section 182 of the Panchayath Raj Act to address the Government. This has caused the afore writ petition to be filed by the rival parties, interestingly, both sides challenging the Secretary's action of approaching the Government-with the applicant for licence asserting that she ought not to have referred its application for licence to the Panchayat Committee and the objectors to the grant of license contending that the Secretary should have accepted the resolution of the Panchayat Committee without approaching the Government.

3. These two writ petitions have been heard by me together on account of the inter-dependent nature of the factual circumstances involved and because the reliefs to be granted in one will certainly impact the reliefs to be granted in the other.

4. The first among the afore two cases, namely W.P. (C)No.1553/2019, has been filed by the petitioners, namely Dr.N.Madhava Menon and five others (who will hereinafter be referred thus), impugning Ext.P7 communication issued by the Secretary of Vayalar Grama Panchayat to the Government of Kerala under the second proviso to Section 182 of the Kerala Panchayat Raj Act, ('the Act' for short), dissenting from a resolution taken by the Panchayat rejecting Trade Licence and the requisite No Objection Certificate (NOC) to the 3rd respondent-Sri.Xavior.J.Ponnezhathu to set up a Liquified Petroleum Gas Godown ("LPG Godown for short"). The petitioners assert that the Secretary of the Vayalar Grama Panchayat has egregiously erred in issuing Ext.P7 to the Government, because, if she had any disagreement with the said resolution adopted by the Committee of the Panchayat, she should have first informed the same to them and only, thereafter, could she have addressed the Government, as is clear from the afore mentioned proviso to section 182 of the Act. The petitioners, therefore, pray that Ext.P7 be set aside and the Panchayat be directed "to recall the licence already granted to the 3rd respondent to construct the shed, housing the LPG Godown” (sic).

5. While so, WP(C)No.2664/2019 was filed by the afore mentioned Sri.Xavior.J.Ponnezhath (who will hereinafter be referred by his name), impugning Exts.P18 and P21 communications received from the Vayalar Grama Panchayat. The pleadings show that Ext.P18 is a communication of the Panchayat dated 13/12/2018, informing Sri.Xavior.J.Ponnezhath that his application under the Dangerous and Offensive Trade Licence Rules ('D&O licence' for short) has been rejected by the Committee of the Panchayat; while Ext.P21 is the decision of the Committee, based on which, Ext.P18 has been issued. Sri.Xavior.J.Ponnezhath, therefore, prays that Exts.P18 and P21 be set aside and that the Secretary of the Panchayat be directed to give him a valid Trade Licence based on his application, namely Ext.P14, in the light of the earlier resolutions of the Panchayat, namely Exts.P19 and P20. Alternatively, the petitioner-Sri.Xavior.J. Ponnezhath asserts that since Ext.P14 application was preferred on 19/09/2018 and Ext.P18 order rejecting the same was communicated to him only after 13/12/2018, he is entitled to operate the godown under a deemed licence under the provisions of Section 236(3) of the Act; and therefore, that t