Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 WP(C) NO. 1083 OF 2022 PETITIONER: BABU M.K. AGED 44 YEARS SON OF KANNAN, MARUTHULLA PARAMBATH HOUSE, KUNDUTHODE P.O., KAVILUMPARA, KOZHIKODE, PIN - 671513 BY ADV SANJANA R.NAIR RESPONDENTS: 1 THE LICENSING AUTHORITY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION,KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR. KAKKANAD, ERNAKULAM, PIN - 682037 2 APPELLATE AUTHORITY AND CHIEF CONTROLLER OF EXPLOSIVES CGO COMPLEX, 5TH A BLOCK, SEMINARY HILLS, NAGPUR, MAHARASHTRA, PIN - 440006 BY ADV ASSISTANT SOLICITOR GENERAL OTHER PRESENT: ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1083 OF 2022 2
JUDGMENT
This writ petition is filed seeking the following reliefs:- “i) To Issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st Respondent to consider the application for renewal submitted by the petitioner as evidenced by Exhibit P4 receipt and pass orders on the same as expeditiously as possible and within such time period as may be stipulated by this Hon’ble Court;
ii) Issue a writ of mandamus or any other order or direction, directing that Ext.P5 order shall not affect consideration of the renewal application submitted by the petitioner; iii) Issue appropriate writ or order, directing the respondents to renew theExt.P1 License granted to the petitioner pending consideration of the application for renewal as evidenced by Exhibit P4 receipt.”
2. Heard the learned counsel for the petitioner and the learned ASGI appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner
that the petitioner is conducting quarry operations in Nadapuram, Vadakara and that he had Ext.P1 Explosive License which was valid till 31.3.2021. It is submitted that on 28.10.2020 an order of suspension was issued with regard to Ext.P1 licence which was also been rejected by the Ext.P5. Since the licence is to expire on
WP(C) NO. 1083 OF 2022 3 31.3.2021, the petitioner submitted Ext.P4 application for renewal. The learned counsel for the petitioner submits that the same has been duly received by the respondent on 31.3.2021 as is evident from the seal affixed on Ext.P4. The learned counsel for the petitioner relies on Rule 118(4) of the Explosive Rules and submits that the application for renewal is liable to be considered without reference to the suspension of the licence.
4. Having heard the learned counsel for the petitioner as well
as the learned ASGI appearing for the respondents, I am of the opinion that Ext.P4 application for renewal is liable to be considered in accordance with law. Accordingly, there will be a direction to the 1 st respondent to take up Ext.P4 application for renewal submitted by the petitioner and consider and pass orders on the same in accordance with law, taking note of Rule 118(4) of the Explosive Rules, within a period of two months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 1083 OF 2022 4 APPENDIX OF WP(C) 1083/2022 PETITIONER ANNEXURES Exhibit P1 TRUE COPY OF THE EXPLOSIVE LICENCS Exhibit P2 TRUE COPY OF THE ORDER NO. E/SC/KL/22/1322(E62702 DATED 28.10.2020 Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC 8130 OF 2021 DATED 30.03.2021 Exhibit P4 TRUE COPY OF THE RECEIPT OF THE APPLICATION FOR RENEWAL DATED 31.03.2021 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER DATED 30.08.2021