Shijo T.Paul vs Deputy Chief Controller Of ...
2022 Latest Caselaw 7412 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 14427 OF 2022
PETITIONER:

           SHIJO T.PAUL,
           THURUTHIYIL HOUSE, PULUVAZHY P.O., MALAMURI,
           PERUMBAVOOR, ERNAKULAM DISTRICT - 683 541.
           BY ADVS.
           SHAJI THOMAS
           BINU PAUL
           JEN JAISON


RESPONDENTS:

    1      DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
           KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR, CSEZ PO
           KAKKANAD, ERNAKULAM - 682 027.
    2      DISTRICT GEOLOGIST,
           CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
    3      JAISON PANIKULANGARA,
           PANIKULANGARA HOUSE,
           PARAKKADAVU P.O.,
           ERNAKULAM DISTRICT - 683 579.
           BY ADVS.
           KIRAN M.S., CGC
           T.N.SURESH
           DHANUJA VETTATHU
           KORAH JOY
           MONSY K.V
           SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14427 OF 2022
                                  2

                P.V.KUNHIKRISHNAN, J.
               ------------------------------
              W.P.(C).No. 14427 of 2022
       ----------------------------------------------
        Dated this the 24th day of June, 2022

                        JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) a writ of certiorari or any other writ, order or direction quashing Ext.P10 order issued in violation of principles of natural justice.

(ii) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and to allow this Writ petition with cost."[SIC]

2. Petitioner is a licensee in Form LE-3 issued by

the Deputy Controller of Explosives, Ernakulam in the

year 2016 and also a licensee in Form LE7(licence to

transport explosives in a road van) which is valid up to

31.03.2027. The petitioner has got the licence for

portable magazines for explosives and detonators. The

licenced premises as envisaged under Form LE-3 license

is situated in survey No.130/2, 130/8-2 of Kombanad

Village, Kunnathunadu Taluk in Ernakulam District. WP(C) NO. 14427 OF 2022

While so the petitioner was inducted as a partner of a

partnership firm on 17.01.2022 by name M/s.Sandrock

Associates which is holding a quarrying lease issued

under the provisions of Kerala Minor Mineral Concession

Rules and a movement permit to transport granite

(building stone) from survey No.164/1-2, 1-3, 168/5 of

Parakkadavu Village, Aluva Taluk in Ernakulam District.

Subsequently, the petitioner had submitted an

application for amendment of his LE3 licence for

alteration/change in the premises, under Rule 109 of the

Explosives Rules, 2008. After considering the application

as per the provisions of the Explosives Rules, the Deputy

Chief Controller of Explosives amended the licence in

Form LE3 by permitting the petitioner to use the licence

for quarrying operation at survey No.164/1-2, 168/5 of

Parakkadavu Village, Aluva Taluk in Ernakulam District.

While so, according to the petitioner, the 3 rd respondent

who is a stooge of the business rivals of the petitioner

filed Ext.P7 complaint before the 1 st respondent alleging

that the petitioner is doing illegal mining at Parakkadavu WP(C) NO. 14427 OF 2022

Village in the land lying at Survey No.164/1-2, 1-3,

168/5. Based on Ext.P7 the 1st respondent had sought

explanation from the petitioner and the petitioner has

submitted Ext.P9 explanation for the same. It is the

case of the petitioner that the 1 st respondent had

withdrawn the amended license even without hearing the

petitioner. Ext.P10 is the order. Hence this writ petition

is filed.

3. Heard counsel appearing for the petitioner, the

Central Government Counsel appearing for the 1 st

respondent and the Government Pleader. I also heard

the counsel appearing for the 3rd respondent.

4. The short point raised by the petitioner is that

Ext.P10 is an order passed without giving an opportunity

of hearing to the petitioner. Several contentions are

raised in this writ petition. I do not want to make any

observation about the merit of the case. It is fairly

conceded by the respondents that the order is passed

without hearing the petitioner. The counsel for the 2 nd

respondent submitted that a statement is filed. Since WP(C) NO. 14427 OF 2022

Ext.P10 is an order without hearing the petitioner, I think

the same can be set aside leaving open all the

contentions raised by the petitioner and the 3 rd

respondent in this writ petition.

Therefore this writ petition is disposed of in the

following manner:

i. Ext.P10 is set aside.

ii. The 1st respondent is directed to reconsider the

matter after giving an opportunity of hearing to the

petitioner and the 3rd respondent, as expeditiously as

possible, at any rate, within a period of one month from

the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 14427 OF 2022

APPENDIX OF WP(C) 14427/2022

PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTO COPY OF THE LICENCE IN FORM LE-3, RENEWED ON 23.03.2022 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM.

EXHIBIT P2 A TRUE PHOTO COPY OF THE LICENCE IN FORM LE7 TO TRANSPORT EXPLOSIVES IN A ROAD VAN RENEWED N 04.02.2022 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES.

EXHIBIT P3 A TRUE PHOTO COPY OF THE AMENDED LICENCE DATED 04.02.2022 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES.

EXHIBIT P4 TRUE PHOTO COPY OF LICENCE DATED 01.04.2021 ISSUED BY THE SECRETARY OF PARAKKADAVU GRAMA PANCHAYATH UNDER SEC. 232 OF THE KERALA PANCHAYATH RAJ ACT, 1994.

EXHIBIT P5 THE TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 25.03.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 14.10.2011 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM.

EXHIBIT P7 A TRUE PHOTO COPY OF THE COMPLAINT DATED NIL SUBMITTED BY SHRI. JAISON. EXHIBIT P8 A TRUE PHOTO COPY OF THE LETTER DATED 05.04.2022 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE.

EXHIBIT P9 TRUE PHOTO COPY OF THE REPLY/ EXPLANATION DATED 11.04.2022 SUBMITTED BY THE PETITIONER.

WP(C) NO. 14427 OF 2022

EXHIBIT P10 THE TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 19.04.2022.

RESPONDENT EXHIBITS EXHIBIT R3 A THE TRUE COPY OF THE PARTNERSHIP DEED DATED 21-10-2020 OF M/S SANDROCK ASSOCIATES.

EXHIBIT R3 B THE TRUE COPY OF THE ORDER DATED 31-

01-2021 CANCELLING THE NO OBJECTION CERTIFICATE ISSUED IN FAVOR OF SRI. BENNY P.D., PARTNER M/S SANDROCK ASSOCIATES BY THE ADDITIONAL DISTRICT MAGISTRATE ERNAKULAM.

//TRUE COPY//

PA TO JUDGE