P.P.M.Babu vs The District Collector
2022 Latest Caselaw 3908 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12156 OF 2022
PETITIONER:

          P.P.M.BABU
          AGED 55 YEARS
          S/O. KUNJIKANARAN, CHERUVOTTU THARAYIL HOUSE,
          THUVAKKODE P.O, KOZHIKODE, PIN - 673304.
          BY ADV MANAS P HAMEED


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KOZHIKODE, PIN - 673001.
    2     ADDITIONAL DISTRICT MAGISTRATE,
          CIVIL STATION, KOZHIKODE, PIN - 673001.
    3     STATION HOUSE OFFICER,
          KOYILANDY POLICE STATION, KOYILANDY, KOZHIKODE, PIN -
          673305.
          BY SMT. VINITHA B., SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12156 OF 2022

                                            2




                                    JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking the following

relief:

"i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2 nd respondent to pass order on Exhibit P2 application of the petitioner for renewal of license, expeditiously and at any rate before the second week of April 2022.

ii) Declare that the respondents shall not reject the application of the petitioner for renewal of license or delay the processing of the application on account of pendency of any criminal case "

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. It is submitted by the learned counsel

appearing for the petitioner that the petitioner is the

holder of Exhibit P1 explosive license which was valid

till 31.03.2020. It is submitted that Exhibit P2

application for renewal of license has been submitted

by the petitioner on 08.02.2022 and that the same has WP(C) NO.12156 OF 2022

not been considered in view of the fact that there are

criminal cases pending against the petitioner. Relying

on the provisions of Rule 118 of the Explosives rules,

2008, the petitioner contends that unless he is

convicted in the criminal case, the mere pendency of

the case cannot be a ground for refusing to consider

the application for renewal of license.

In the above view of the matter, there will be

a direction to the 2nd respondent to take up Exhibit P2

application submitted by the petitioner and to consider

and pass orders on the same, in accordance with law,

within a period of one month from the date of receipt of

a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/05/04 WP(C) NO.12156 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LICENSE DATED 28.02.2011 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF APPLICATION FOR RENEWAL OF LICENSE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULE 112 OF THE EXPLOSIVES RULES 2008 ALONG WITH CHALLAN DATED 08.02.2022.

Exhibit P3 TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED 08.02.2022.

Exhibit P4 TRUE COPY OF JUDGMENT DATED 15.02.2016 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 5615 OF 2016.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 19.11.2020 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 18277 OF 2020.

RESPONDENTS' EXHIBITS:          NIL



 SSK                      //TRUE COPY//        PA TO JUDGE