A.B. Baiju vs The District Collector
2021 Latest Caselaw 17182 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                       WP(C) NO. 15486 OF 2021
PETITIONER:

          A.B. BAIJU,AGED 38 YEARS,S/O.A.R.BABU, ARAKKAL HOUSE,
          PATTANAM, VADAKKEKARA, NORTH PARAVUR

          BY ADVS.
          K.R.VINOD
          M.S.LETHA


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, KOCHI-682
          030

    2     THE ADDITIONAL DISTRICT MAGISTRATE,
          ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 030

          GP SRI.M.H.HANIL KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15486 OF 2021
                                2



                          JUDGMENT

The petitioner has approached this Court

challenging Ext P9 order of the 2 nd respondent

cancelling the Explosive license held by the

petitioner.

2. According to the petitioner, he was not heard

before passing Ext P9 order in spite of the specific

direction by this Court in W.P(C) No.3591/2021.

3. Heard the learned counsel for the petitioner

and also the special Government Pleader.

4. Though the contention is not endorsed by the

learned Government Pleader, I am of the opinion that

the grievance could be redressed by affording an

opportunity of hearing to the petitioner. It would

be sufficient if Ext P9 is treated as a show cause

notice.

5. Accordingly it is ordered that, it will be

open for the petitioner to file his objections to WP(C) NO. 15486 OF 2021

Ext P9, treating the same to be a notice. The 2 nd

respondent shall consider the objections and pass

orders, after affording an opportunity of hearing to

the petitioner. Orders shall be passed within a

period of three weeks from the date of receipt of a

copy of this judgment. Till then, no coercive steps

shall be taken against the petitioner.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 15486 OF 2021

APPENDIX OF WP(C) 15486/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE EXPLOSIVE LICENSE NO.1/2019/LE-1, ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT HEREIN DATED 07.03.2019

Exhibit P2 THE COPY OF THE EXPLOSIVE LICENSE NO.LE-5/03/2011, ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT HEREIN DATED 03.02.2011

Exhibit P3 THE COPY OF THE EXPLOSIVE LICENSE NO.4/24/2006/LE-5, ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT HEREIN DATED 02.04.2011

Exhibit P4 THE COPY OF THE JUDGMENT DATED 23.09.2020 IN WPC NO.19077/2020

Exhibit P5 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 03.02.2021

Exhibit P6 THE COPY OF THE JUDGMENT DATED 16.03.2016 IN WPC NO.9959/2016

Exhibit P7 THE COPY OF THE JUDGMENT IN WPC NO.3591/201 DATED 04.03.2021

Exhibit P8 THE COPY OF THE HEARING NOTICE DATED 08.07.2021

Exhibit P9 THE COPY OF THE ORDER OF TE 2ND RESPONDENT DATED 27.07.2021