IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE1T DAY OF JANUARY201411TH POUSHA, 1935 WP(C).No. 31775 of 2013 (V) ---------------------------- PETITIONER:- -------------------- C.GANGADHARAN, S/O.LATE GOPINATHAN, AGED57YEARS,CHATHINASSERY, THEKKETHIL VEEDU, MALAMAKKAVU POST, ANAKKARA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADVS.SRI.RAJESH SIVARAMANKUTTY SMT.K.ANILA RESPONDENTS:- ------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE,PALAKKAD, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, COLLECTORATE, PALAKKAD - 678 001.
2. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD, OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE PALAKKAD - 678 001.
3. THE DISTRICT COLLECTOR, PALAKKAD, CIVIL STATION, PALAKKAD - 678 001.
4. THE SUB INSPECTOR OF POLICE, NENMARA POLICE STATION, NENMARA, PALAKKAD DISTRICT. BYSENIOR GOVERNMENT PLEADER SRI JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0101-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- KKS WP(C).No. 31775 of 2013 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE LICENSE TO MANUFACTURE EXPLOSIVES IN FORM -20 ISSUED BY THE1T RESPONDENT TO THE PETITIONER. EXHIBIT P2 : TRUE COPY OF THE PETITION DATED0804.2013 ISSUED BY THE4H RESPONDENT TO THE1T RESPONDENT SEEKING CANCELLATION OF LICENCE OF THE PETITIONER. EXHIBIT P3 : TRUE COPY OF THE LETTER DATED2704.2013 ISSUED BY THE2D RESPONDENT TO THE3D RESPONDENT. EXHIBIT P4 : TRUE COPY OF THE REPORT DATED0404.2013 ISSUED TO THE3D RESPONDENT BY THE TAHSILDAR, CHITTUR. EXHIBIT P5 : TRUE COPY OF THE POSTMORETEM CERTIFICATE ISSUED BY THE DIRECTORATE OF MEDICAL EDUCATION DATED0404.2013. EXHIBIT P6 : TRUE COPY OF THE NOTICE NO.D3.2013/24027/9 DATED1107.2013 ISSUED BY THE1T RESPONDENT TO THE PETITIONER. EXHIBIT P7 : TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER BEFORE THE1T RESPONDENT DATED2108.2013. RESPONDENT(S)' EXHIBITS:- NIL ----------------------------------------- //TRUE COPY// P.S.TO JUDGE KKS P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 31775 OF2013- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2014 JUDGMENT
The petitioner is challenging Ext.P6 notice dated 11.7.2013 issued under the Explosives Act/Rules proposing to cancel the explosive licence issued to the petitioner with reference to the mishap occurred on 3.4.2013 and pendency of Crime No.431/2013 registered against the petitioner under Section 286, 304 A of IPC. The case of the petitioner is that merely for the reason that the petitioner has been implicated in a crime will not give any passport to the respondents to cancel the licence in so far as there is no case for the respondents that the petitioner has been convicted for any offence. Unless there is a clear conviction, there cannot be any cancellation or suspension of the licence by virtue of the mandate under Section 6E of the Explosives Act, 1884 and hence the writ petition.
2. The learned Government Pleader points out that, Ext.P6 is only a show-cause notice and that the proceedings are still to be finalised. It is also brought to the notice of this Court that the petitioner has already approached the first respondent by filing Ext.P7 explanation and that the W.P.(C)No.31775/2013 2 first respondent will consider and finalise the same within the shortest possible time.
3. After hearing both the sides, this Court does not find it necessary to go into the facts and figures in this writ petition invoking the discretionary jurisdiction under Article 226 of the Constitution of India, more so when the proceedings are still to be finalised. In the said circumstances, the writ petition is disposed of, directing the first respondent to consider Ext.P7 explanation in response to Ext.P6 and pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioner, which shall be done at the earliest at any rate within 'six weeks' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. P.R.RAMACHANDRA MENON JUDGE sv.