Abdul Sathar C.H vs Deputy Chief Controller Of ...
2021 Latest Caselaw 12216 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                WP(C).No.10350 OF 2021(P)


PETITIONER/S:

           ABDUL SATHAR C.H.
           AGED 49 YEARS
           S/O. LATE C.H. USMAN, DOOR NO. KMC II/282,
           KARANDAKKAD, KASARAGOD.

           BY ADVS.
           SRI.K.MOHANAKANNAN
           SHRI.SURESH C.K.

RESPONDENT/S:

           DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
           KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM-682030.

          BY SRI. SUNIL KURIAKOSE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 23.04.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 10350 of 2021

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               P.V.KUNHIKRISHNAN, J.
     -----------------------------------------
              WP(C) No. 10350 of 2021
     -----------------------------------------
       Dated this the 23rd day of April, 2021



                             JUDGMENT

The above writ petition is filed with the

following prayers;

"i) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the Respondent to consider Ext.P2 application for renewal of Ext.P1 licence and to renew the same within a time frame to be fixed by this Hon'ble Court;

ii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case."

2. The petitioner is the holder of an explosive

licence. Ext.P1 licence was issued on

26.03.2015 and it was valid till 31.03.2020.

According to the petitioner, he filed Ext.P2

application for renewal before the respondent

before the expiry of licence, i.e., on

25.02.2020. Ext.P3 is the demand draft, paying WP(C) No. 10350 of 2021

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the fee for renewal of licence. According to

him, as per Rule 112 of the Explosives Rules,

2008, the respondent is bound to pass orders

on such application for renewal and there is a

deemed licence under Sub rule 5 of Rule 112.

According to him, Ext.P2 is even now pending.

3. After hearing both sides, I think this writ

petition can be disposed of directing the

respondent to consider Ext.P2 application in

accordance to law within a time frame.

Therefore, the writ petition is disposed of

directing the respondent to consider Ext.P2

application in accordance to law as

expeditiously as possible, at any rate, within

one month from the date of receipt of a copy

of this judgment.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE Bka/-

WP(C) No. 10350 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE LICENSE WITH SKETCH ISSUED BY THE RESPONDENT ON 26/03/2015.

EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION FILED UNDER RULE 112 OF THE EXPLOSIVES RULE 2008.

EXHIBIT P3 TRUE COPY OF THE DD DATED 25/02/2020 ISSUED IN THE NAME OF RESPONDENT.