Babu M.K vs The Licensing Authority
2022 Latest Caselaw 1234 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                          WP(C) NO. 1083 OF 2022
PETITIONER:

              BABU M.K.
              AGED 44 YEARS
              SON OF KANNAN, MARUTHULLA PARAMBATH HOUSE,
              KUNDUTHODE P.O., KAVILUMPARA,
              KOZHIKODE, PIN - 671513

              BY ADV SANJANA R.NAIR



RESPONDENTS:

     1        THE LICENSING AUTHORITY
              DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND
              EXPLOSIVES SAFETY ORGANISATION,KENDRIYA BHAVAN,
              BLOCK C-2, 3RD FLOOR. KAKKANAD,
              ERNAKULAM, PIN - 682037

     2        APPELLATE AUTHORITY AND CHIEF CONTROLLER OF EXPLOSIVES
              CGO COMPLEX, 5TH A BLOCK, SEMINARY HILLS, NAGPUR,
              MAHARASHTRA, PIN - 440006

              BY ADV ASSISTANT SOLICITOR GENERAL



OTHER PRESENT:

              ASGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1083 OF 2022                    2



                                     JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) To Issue a writ of mandamus or any other appropriate writ order or

direction, directing the 1st Respondent to consider the application for

renewal submitted by the petitioner as evidenced by Exhibit P4

receipt and pass orders on the same as expeditiously as possible and

within such time period as may be stipulated by this Hon'ble Court;

ii) Issue a writ of mandamus or any other order or direction, directing

that Ext.P5 order shall not affect consideration of the renewal

application submitted by the petitioner;

iii) Issue appropriate writ or order, directing the respondents to renew

theExt.P1 License granted to the petitioner pending consideration of

the application for renewal as evidenced by Exhibit P4 receipt."

2. Heard the learned counsel for the petitioner and the

learned ASGI appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is conducting quarry operations in Nadapuram,

Vadakara and that he had Ext.P1 Explosive License which was valid

till 31.3.2021. It is submitted that on 28.10.2020 an order of

suspension was issued with regard to Ext.P1 licence which was also

been rejected by the Ext.P5. Since the licence is to expire on

31.3.2021, the petitioner submitted Ext.P4 application for renewal.

The learned counsel for the petitioner submits that the same has

been duly received by the respondent on 31.3.2021 as is evident

from the seal affixed on Ext.P4. The learned counsel for the petitioner

relies on Rule 118(4) of the Explosive Rules and submits that the

application for renewal is liable to be considered without reference to

the suspension of the licence.

4. Having heard the learned counsel for the petitioner as well

as the learned ASGI appearing for the respondents, I am of the

opinion that Ext.P4 application for renewal is liable to be considered

in accordance with law. Accordingly, there will be a direction to the 1 st

respondent to take up Ext.P4 application for renewal submitted by

the petitioner and consider and pass orders on the same in

accordance with law, taking note of Rule 118(4) of the Explosive

Rules, within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 1083/2022

PETITIONER ANNEXURES

Exhibit P1 TRUE COPY OF THE EXPLOSIVE LICENCS

Exhibit P2 TRUE COPY OF THE ORDER NO.

E/SC/KL/22/1322(E62702 DATED 28.10.2020

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC 8130 OF 2021 DATED 30.03.2021

Exhibit P4 TRUE COPY OF THE RECEIPT OF THE APPLICATION FOR RENEWAL DATED 31.03.2021 SUBMITTED BEFORE THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE ORDER DATED 30.08.2021