IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 14427 OF 2022
PETITIONER:
SHIJO T.PAUL,
THURUTHIYIL HOUSE, PULUVAZHY P.O., MALAMURI,
PERUMBAVOOR, ERNAKULAM DISTRICT - 683 541.
BY ADVS.
SHAJI THOMAS
BINU PAUL
JEN JAISON
RESPONDENTS:
1 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR, CSEZ PO
KAKKANAD, ERNAKULAM - 682 027.
2 DISTRICT GEOLOGIST,
CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
3 JAISON PANIKULANGARA,
PANIKULANGARA HOUSE,
PARAKKADAVU P.O.,
ERNAKULAM DISTRICT - 683 579.
BY ADVS.
KIRAN M.S., CGC
T.N.SURESH
DHANUJA VETTATHU
KORAH JOY
MONSY K.V
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14427 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 14427 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) a writ of certiorari or any other writ, order or direction quashing Ext.P10 order issued in violation of principles of natural justice.
(ii) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and to allow this Writ petition with cost."[SIC]
2. Petitioner is a licensee in Form LE-3 issued by the Deputy Controller of Explosives, Ernakulam in the year 2016 and also a licensee in Form LE7(licence to transport explosives in a road van) which is valid up to 31.03.2027. The petitioner has got the licence for portable magazines for explosives and detonators. The licenced premises as envisaged under Form LE-3 license is situated in survey No.130/2, 130/8-2 of Kombanad Village, Kunnathunadu Taluk in Ernakulam District. WP(C) NO. 14427 OF 2022 3 While so the petitioner was inducted as a partner of a partnership firm on 17.01.2022 by name M/s.Sandrock Associates which is holding a quarrying lease issued under the provisions of Kerala Minor Mineral Concession Rules and a movement permit to transport granite (building stone) from survey No.164/1-2, 1-3, 168/5 of Parakkadavu Village, Aluva Taluk in Ernakulam District. Subsequently, the petitioner had submitted an application for amendment of his LE3 licence for alteration/change in the premises, under Rule 109 of the Explosives Rules, 2008. After considering the application as per the provisions of the Explosives Rules, the Deputy Chief Controller of Explosives amended the licence in Form LE3 by permitting the petitioner to use the licence for quarrying operation at survey No.164/1-2, 168/5 of Parakkadavu Village, Aluva Taluk in Ernakulam District. While so, according to the petitioner, the 3 rd respondent who is a stooge of the business rivals of the petitioner filed Ext.P7 complaint before the 1 st respondent alleging that the petitioner is doing illegal mining at Parakkadavu WP(C) NO. 14427 OF 2022 4 Village in the land lying at Survey No.164/1-2, 1-3, 168/5. Based on Ext.P7 the 1st respondent had sought explanation from the petitioner and the petitioner has submitted Ext.P9 explanation for the same. It is the case of the petitioner that the 1 st respondent had withdrawn the amended license even without hearing the petitioner. Ext.P10 is the order. Hence this writ petition is filed.
3. Heard counsel appearing for the petitioner, the Central Government Counsel appearing for the 1 st respondent and the Government Pleader. I also heard the counsel appearing for the 3rd respondent.
4. The short point raised by the petitioner is that Ext.P10 is an order passed without giving an opportunity of hearing to the petitioner. Several contentions are raised in this writ petition. I do not want to make any observation about the merit of the case. It is fairly conceded by the respondents that the order is passed without hearing the petitioner. The counsel for the 2 nd respondent submitted that a statement is filed. Since WP(C) NO. 14427 OF 2022 5 Ext.P10 is an order without hearing the petitioner, I think the same can be set aside leaving open all the contentions raised by the petitioner and the 3 rd respondent in this writ petition.
Therefore this writ petition is disposed of in the following manner:
i. Ext.P10 is set aside.
ii. The 1st respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioner and the 3rd respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 14427 OF 2022 6 APPENDIX OF WP(C) 14427/2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTO COPY OF THE LICENCE IN FORM LE-3, RENEWED ON 23.03.2022 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM.
EXHIBIT P2 A TRUE PHOTO COPY OF THE LICENCE IN FORM LE7 TO TRANSPORT EXPLOSIVES IN A ROAD VAN RENEWED N 04.02.2022 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES.
EXHIBIT P3 A TRUE PHOTO COPY OF THE AMENDED LICENCE DATED 04.02.2022 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES.
EXHIBIT P4 TRUE PHOTO COPY OF LICENCE DATED 01.04.2021 ISSUED BY THE SECRETARY OF PARAKKADAVU GRAMA PANCHAYATH UNDER SEC. 232 OF THE KERALA PANCHAYATH RAJ ACT, 1994.
EXHIBIT P5 THE TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 25.03.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 14.10.2011 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM.
EXHIBIT P7 A TRUE PHOTO COPY OF THE COMPLAINT DATED NIL SUBMITTED BY SHRI. JAISON. EXHIBIT P8 A TRUE PHOTO COPY OF THE LETTER DATED 05.04.2022 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE.
EXHIBIT P9 TRUE PHOTO COPY OF THE REPLY/ EXPLANATION DATED 11.04.2022 SUBMITTED BY THE PETITIONER.
WP(C) NO. 14427 OF 2022 7 EXHIBIT P10 THE TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 19.04.2022.
RESPONDENT EXHIBITS EXHIBIT R3 A THE TRUE COPY OF THE PARTNERSHIP DEED DATED 21-10-2020 OF M/S SANDROCK ASSOCIATES.
EXHIBIT R3 B THE TRUE COPY OF THE ORDER DATED 31-
01-2021 CANCELLING THE NO OBJECTION CERTIFICATE ISSUED IN FAVOR OF SRI. BENNY P.D., PARTNER M/S SANDROCK ASSOCIATES BY THE ADDITIONAL DISTRICT MAGISTRATE ERNAKULAM.
//TRUE COPY// PA TO JUDGE