Amzan Ziad vs Addl. District Magistrate, ...
2021 Latest Caselaw 16946 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                    WP(C) NO. 16411 OF 2021
PETITIONER:

         AMZAN ZIAD,
         AGED 20 YEARS,
         S/O. ZIAD, THEKKE INCHAKKAL HOUSE,
         PUNNATHALA WARD, PSRA -110,
         THIRUMULLAVARAM POST,
         KOLLAM - 691012, KERALA.

         BY ADV NANDAGOPAL S.KURUP


RESPONDENT:

         THE ADDITIONAL DISTRICT MAGISTRATE,
         CIVIL STATION,
         KOLLAM - 686102.

         BY GOVERNMENT PLEADER SRI.APPU P.S.S

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.08.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16411/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 12th day of August, 2021

The writ petition has been filed by the petitioner

seeking to quash Ext.P6 and to direct the respondent to grant

temporary LE-5 licence to the petitioner for possession and

sale of manufactured fireworks and chorsa crackers at the

shop numbered MC No.46/732 situated in Re-survey No.175

of Kollam East Village for a period of 30 days.

2. By Ext.P6 order, the respondent has rejected the

application of the petitioner for LE-5 licence primarily on the

ground that the petitioner's father is involved in an offence

under the Explosives Rules and that the shop is situated in a

crowded market at Kollam. The learned counsel for the

petitioner would urge that both the grounds are unsustainable.

3. The learned Government Pleader contested the writ

petition and pointed out that the explosives shop is proposed WP(C) No.16411/2021

to be located in the heart of a busy market in Kollam

Corporation and Ext.P6 has been passed taking into

consideration the threat that may arise due to the

establishment of an explosives selling shop in a market place,

though on a temporary basis.

4. Heard the learned counsel for the petitioner and the

learned Government Pleader.

5. It is discernible from the pleadings in the writ

petition that the location where the explosives shop is

intended to be established, has been used for sale of

explosives for a long period. This Court had earlier

considered the issue in respect of the same premises in

Exts.P10 and P12 judgments and had permitted to issue

Explosives Licence for the same premises.

6. I find that the reason given by the respondent that

the petitioner's father is involved in an offence relating to

Explosives Rules, cannot be a reason to reject the application

submitted by the petitioner. It is noted that only 12 days

remaining for the expiry of festival season for which the WP(C) No.16411/2021

petitioner has applied for licence. In such circumstances, I am

inclined to set aside Ext.P6 order.

The writ petition is allowed and Ext.P6 is set aside.

It is made clear that the petitioner will be at liberty to run the

explosives shop for a period of 12 days. It is also made clear

that the petitioner should be granted licence to sell only low

intensity fireworks for a period of 12 days.

Sd/-

N. NAGARESH, JUDGE

aks/12.08.2021 WP(C) No.16411/2021

APPENDIX OF WP(C) 16411/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 09.06.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT EXHIBIT P2 TRUE COPY OF THE REPORT DATED 22.07.2021 SUBMITTED BY THE DISTRICT POLICE CHIEF, KOLLAM EXHIBIT P3 TRUE COPY OF THE REPORTS SUBMITTED BYT THE DISTRICT FIRE OFFICER, KOLLAM BEFORE THE SECOND RESPONDENT DATED 19.07.2021 EXHIBIT P4 TRUE COPY OF THE REPORT DATED 03.08.2021 SUBMITTED BY THE TAHASILDAR, KOLLAM TO THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 15.07.2021 PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.14072/2021 EXHIBIT P6 TRUE COPY OF THE ORDER DTAED 05.08.2021 PASSED BY THE RESPONDENT EXHIBIT P7 TRUE COPY OF THE LICENSE ISSUED BY THE NAME OF MR.A.A.RASHEED, M.C. 1436, ANDAMUKKOM WARD, QUILON EXHIBIT P8 TRUE COPY OF THE ORDER OF APPROVAL OF DRAWINGS BY THE PESO DATED 30.01.2019 EXHIBIT P9 TRUE COPY OF THE LICENCE NUMBERED AS TEMP/01/18/KLM DATED 9.10.2018 PASSED BY THE RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 23.10.2019 IN WP.(c)No.28033/2019 PASSED BY THIS HON'BLE COURT.

EXHIBIT P11 TRUE COPY OF THE TEMPORARY LICENSE GRANTED BY THE RESPONDENT FOR THE DIWALI SEASON 2019 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 11.11.2020 IN W.P.(c) No.24523/2020 PASSED BY THIS HON'BLE COURT.

SR