Cee Cee Granites vs District Geologist
2022 Latest Caselaw 4311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 12117 OF 2022
PETITIONERS:

    1     CEE CEE GRANITES,
          AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, PIN-679 303,
          REPRESENTED BY PARTNER, C.C.THOUFEEQ, S/O.HAMSA HAJI,
          AGED 42 YEARS, CHOLAKKAL CHEPPALA HOUSE, VALAVANNUR
          P.O., TIRUR, MALAPPURAM DISTRICT.

    2     C.C.THOUFEEQ,
          AGED 42 YEARS
          S/O.HAMSA HAJI, CHOLAKKAL CHEPPALA HOUSE, VALAVANNUR
          P.O., TIRUR, MALAPPURAM DISTRICT.

          BY ADVS.
          V.M.KRISHNAKUMAR
          P.R.REENA



RESPONDENTS:

    1     DISTRICT GEOLOGIST,
          OFFICE OF DISTRICT GEOLOGY, MINING AND GEOLOGY
          DEPARTMENT, PALAKKAD, PIN-678 001.

    2     DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
          KENDRIYA BAHVAN, CSEZ P.O., KAKKANAD, ERNAKULAM
          DISTRICT, PIN-682 037.



          SMT. PRINCY XAVIER-SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12117 OF 2022

                                           2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

i. issue a writ in the nature of mandamus commanding the 1 st respondent to upload the petitioners' application for movement pass as regards the quarry materials on the strength of Ext P1, P2 and P3 and grant movement permit, within such time as may be fixed by this Hon'ble Court.

ii. issue a writ in the nature of mandamus commanding the 1 st respondent to consider and pass orders on Ext.P5 and grant movement permit on the basis of Ext.P1 to P3 including the deemed license as per Rule 112(5) of Explosives Rules within such time as may be fixed by this Hon'ble Court.

2. Heard the learned senior counsel appearing for the petitioners

and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners that

the petitioners had a quarrying lease which is valid till 19.03.2027. It is

submitted that Ext.P2 explosive licence issued to the petitioners was

valid till 31.03.2022. The petitioner has submitted Ext.P3 application for

renewal of the same. It is submitted that going by the provisions of Rule

112 of the Explosive Rules specifically Sub Rule 5 thereof, that once

application are submitted for renewal and reaches the renewing and WP(C) NO. 12117 OF 2022

licensing authority on or before the date of expiry, the licence shall be

deemed to be in force until such date as the licencing authority renews

the licence or until an intimation that the renewal of the licence is

refused has been communicated to the applicant. It is submitted that

since Ext.P3 is dated 22.02.2022 and has been duly received by the

licencing authority, the deeming provision is now in force. However, it is

submitted that the movement permit is not been uploaded on the

ground that the explosive licence issued to the petitioners has not been

renewed. It is submitted that Ext.P5 representation has, therefore, been

submitted by the petitioners and that the same is to be considered

immediately, taking note of the deeming provision in Sub Rule 5 of Rule

112 of the Explosive Rules.

4. The learned Government Pleader submits, on instructions, that

it is due to a problem in the software that the movement permits cannot

be uploaded unless the renewed explosive licence is uploaded by the

petitioners.

I am of the opinion that the issue has to be resolved appropriately

by the respondents in view of the contention that the petitioners are in

possession of a deemed explosive licence under the provisions of Rule WP(C) NO. 12117 OF 2022

112. There will, accordingly, be a direction to the respondents to take up

Ext.P5 representation submitted by the petitioners and to consider and

pass orders on the same at the earliest, at any rate, within ten days from

the date of receipt of a copy of this judgment, taking specific note of the

provisions of Rule 112 (5) of the Explosive Rules. Appropriate steps shall

be taken without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 12117 OF 2022

APPENDIX OF WP(C) 12117/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 20.03.2019 ISSUED TO CEE CEE GRANITES.

Exhibit P2 TRUE COPY OF THE LE3 LICENSE DATED 31.01.2020 ISSUED TO THE PARTNER OF 1ST PETITIONER CC THOUFEEQ WHO IS SIGNATORY OF THIS WRIT PETITION.

Exhibit P3 TRUE COPY OF THE APPLICATION FOR RENEWAL OF EXT.P2 LICENSE FILED BY PETITIONER ALONG WITH COVERING LETTER DATED 22.02.2022.

Exhibit P4 TRUE COPY OF THE MOVEMENT PERMIT VALID UP TO 31.03.2022 ISSUED TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 04.04.2022.