Robins Joseph vs the Deputy Chief Controller of Explosives - Court Judgment

SooperKanoon Citationsooperkanoon.com/1594364
CourtKerala High Court
Decided OnJan-15-2021
Case NumberWP(C)/1138/2021
JudgeHonourable Dr. Justice a.K.Jayasankaran Nambiar
AppellantRobins Joseph
RespondentThe Deputy Chief Controller of Explosives
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice a.k.jayasankaran nambiar friday, the 15th day of january 2021/25th pousha, 1942 w.p(c).no.1138 of 2021(n) petitioner: robins joseph aged 38 years s/o. joseph, kaitharath house, neeleeswaram p.o, kalady, ernakulam district. by advs.sri.babu s. nair smt.smitha babu sri.p.a.rajesh smt.shamseera. c.ashraf sri.r.b.rajesh respondent: the deputy chief controller of explosives kendriya bhavan, block c2, 3rd floor, csez, kakkanad p.o, ernakulam district, pin-682 030 by sri.k.j.manuraj, govt. pleader this writ petition (civil) having come up for admission on 15.01.2021, the court on the same day delivered the following: w.p.(c).no.1138/2021 :: 2 ::judgmentthe petitioner has approached this court challengingexts.p5 and p6 orders passed against him under the explosives act, 1884. although various contentions are raised in the writ petition, in its challenge against ext.p5 and p6 orders, i am of the view that against the said orders, the petitioner has an effective alternate remedy by way of an appeal under section 6f of the explosives act read with rule 121 of the explosives rules, 2008. accordingly, without prejudice to the right of the petitioner to move the appellate authority under the act, the writ petition, in its challenge against the said orders, is dismissed.i make it clear that if the petitioner prefers an appeal as directed, within two weeks from today, after complying with the necessary formalities, then the appellate authority shall proceed to consider the contentions of the petitioner on merits, after hearing him, and pass a detailed order referring to the w.p.(c).no.1138/2021 :: 3 :: said contentions and stating reasons for the decision taken by him in the appeal. the petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the appellate authority, for further action.sd/- a.k.jayasankaran nambiar judge prp/15/1/2021 appendix petitioner's exhibits: exhibit p1 true copy of the original licence issued to the petitioner by the joint chief contoller of explosives, chennai dated 22.10.2007. exhibit p2 true copy of the licence issued to the petitioner by the respondent dated, 11.11.2019. exhibit p3 true copy of the f.i.r in crime no. 1478/2020 of the kalady police station dated 21.9.2020. exhibit p4 true copy of the statement submitted by the petitioner dated 4.12.2020 before the additional district magistrate, ernakulam.exhibit p5 true copy of the order dated 21.10.2020 issued by the respondent as no. e/sc/kl/22/892 exhibit p6 true copy of the order issued by the respondent dated, 21.10.2020 as no.e/sc/kl/22/892respondents exhibits: nil. //true copy// p.s. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 15TH DAY OF JANUARY 2021/25TH POUSHA, 1942 W.P(C).No.1138 OF 2021(N) PETITIONER: ROBINS JOSEPH AGED 38 YEARS S/O. JOSEPH, KAITHARATH HOUSE, NEELEESWARAM P.O, KALADY, ERNAKULAM DISTRICT. BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU SRI.P.A.RAJESH SMT.SHAMSEERA. C.ASHRAF SRI.R.B.RAJESH RESPONDENT: THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, BLOCK C2, 3RD FLOOR, CSEZ, KAKKANAD P.O, ERNAKULAM DISTRICT, PIN-682 030 BY SRI.K.J.MANURAJ, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.1138/2021 :: 2 ::

JUDGMENT

The petitioner has approached this Court challenging

Exts.P5 and P6 orders passed against him under the Explosives Act, 1884. Although various contentions are raised in the writ petition, in its challenge against Ext.P5 and P6 orders, I am of the view that against the said orders, the petitioner has an effective alternate remedy by way of an appeal under Section 6F of the Explosives Act read with Rule 121 of the Explosives Rules, 2008. Accordingly, without prejudice to the right of the petitioner to move the Appellate Authority under the Act, the writ petition, in its challenge against the said orders, is dismissed.

I make it clear that if the petitioner prefers an appeal as directed, within two weeks from today, after complying with the necessary formalities, then the Appellate Authority shall proceed to consider the contentions of the petitioner on merits, after hearing him, and pass a detailed order referring to the W.P.(C).No.1138/2021 :: 3 :: said contentions and stating reasons for the decision taken by him in the appeal. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the Appellate Authority, for further action.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/15/1/2021 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORIGINAL LICENCE ISSUED TO THE PETITIONER BY THE JOINT CHIEF CONTOLLER OF EXPLOSIVES, CHENNAI DATED 22.10.2007. EXHIBIT P2 TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONER BY THE RESPONDENT DATED, 11.11.2019. EXHIBIT P3 TRUE COPY OF THE F.I.R IN CRIME NO. 1478/2020 OF THE KALADY POLICE STATION DATED 21.9.2020. EXHIBIT P4 TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER DATED 4.12.2020 BEFORE THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM.

EXHIBIT P5               TRUE COPY OF THE ORDER DATED 21.10.2020 ISSUED
                         BY   THE  RESPONDENT  AS   NO.  E/SC/KL/22/892
EXHIBIT P6               TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT
                         DATED,    21.10.2020    AS    NO.E/SC/KL/22/892

RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE