Narayanan vs The Land Revenue Commissioner
2021 Latest Caselaw 11420 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.3300 OF 2021(J)


PETITIONER:

               NARAYANAN
               S/O THALAKKAL PARU, KARUVANCHERY, NEELESWARAM,
               KASARGOD DISTRICT.

               BY ADVS.
               SRI.K.MOHANAKANNAN
               SMT.T.V.NEEMA

RESPONDENTS:

      1        THE LAND REVENUE COMMISSIONER
               PUBLIC OFFICE BUILDING,
               MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BHAVAN P O,
               THIRUVANANTHAPURAM, KERALA-695033.

      2        THE DISTRICT COLLECTOR
               KASARGOD CIVIL STATION, VIDYANAGAR,
               KASARGOD-671123.

      3        THE ADDITIONAL DISTRICT MAGISTRATE
               CIVIL STATION, KASARGOD-671123.

      4        THE TAHSILDAR
               KOCHI-PANVEL HIGHWAY,
               HOSDURG, KANHANGAD,
               KERALA-671315.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
                W. P. (C) No.3300 of 2021
           ==================
            Dated this the 8th day of April, 2021

                        JUDGMENT

The petitioner who has been conducting business

in stock and sale of explosives, under due licence

since the year 2002, is aggrieved by the refusal to

renew the licence for the year 2021 on the ground

that the existing building lacks a separate exit

and circuit breaker.

2. The petitioner had been doing business in

the premises in question for the past several

years. The issue of a separate exit/emergency exit

is being insisted for the first time. The

petitioner undertakes that the conditions as is now

imposed shall be complied with by him within a

reasonable period and in the meanwhile his conduct

of business may not be interdicted.

3. On the totality of the facts and

circumstances, the writ petition is disposed of

directing the third respondent to consider and pass

appropriate orders on Ext.P4 application submitted W. P. (C) No.3300 of 2021

by the petitioner seeking renewal of licence

without insisting for providing of a separate exit

as mentioned in Ext.P5. However, this shall be on

condition that the petitioner files an affidavit

before the third respondent that, the conditions

imposed in Ext.P5 as has been referred to supra,

shall be complied with by him within a period of

two months from today. On such an affidavit being

filed, the application submitted by the petitioner

shall be considered on merits and appropriate

orders passed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.3300 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE LICENCE DATED 10.12.2002.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 12.02.2017.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE DATED 28/12/2018.

EXHIBIT P4 TRUE COPY OF CHALAN RECEIPT DATED 22.12.2020.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE BOOK MAINTAINED BY THE PETITIONER AND THE ENDORSEMENT MADE BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY GIREESAN UNDER THE RIGHT TO INFORMATION ACT, WITH REPLY GIVEN BY THE 4TH RESPONDENT DATED 29/07/2020.

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