Kerala High Court
Super Flames vs State Of Kerala on 12 April, 2023
WP(C) No.12617/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
WP(C) NO. 12617 OF 2023
PETITIONER:
SUPER FLAMES, BHARATGAS DISTRIBUTORS, 22/2085 C, PARAMBILOTH
BUILDING, SANTHOM ROAD, MUNDAMVELI P.O, KOCHI., REPRESENTED BY ITS
MANAGER, RAGHESH N., AGED 42 YEARS, SON OF RAMANKUTTY MENON,
RESIDING AT NAGAPADY HOUSE, THEKKUMBAGAM, GANDHINAGAR G15,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
(F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001.
2. CHELLANAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ANDIKADAVU
PO, KANDAKADAVU, ERNAKULAM DISTRICT, PIN - 682008.
3. THE SECRETARY, CHELLANAM GRAMA PANCHAYAT, ANDIKADAVU P.O.,
KANDAKADAVU, ERNAKULAM DISTRICT, PIN - 682008.
4. THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, DIVISIONAL OFFICE,
ERNAKULAM, KOCHI, PIN - 682020.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (a) Stay the operation of Exhibit P5 and all further
proceedings thereunder, pending disposal of this Writ Petition (Civil);
and (b) Direct 2nd respondent to renew Exhibit P2 Trade Licence, without
insisting on renewal of No Objection Certificate from Fire & Rescue
Services Department, pending disposal of this Writ Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S B.ASHOK SHENOY, P.S.GIREESH, SALIH P.A., ARJUN R NAIK, THEJALAKSHMI
R.S. & AARON ZACHARIAS BENNY Advocates for the petitioner and of PUBLIC
PROSECUTOR for R1, the court passed the following:
WP(C) No.12617/2023 2/3
ANU SIVARAMAN, J.
=========================
W.P.(C) No.12617 of 2023
=========================
Dated this the 12th day of April, 2023
ORDER
Admit. Learned Government Pleader takes notice for
respondents 1 and 4. Petitioner to take out notice to
respondents 2 and 3 by speed post.
There will be a direction to the 2 nd respondent to
receive the license fee for renewal of the D & O license of the
petitioner without insisting on the NOC from the Fire and Rescue
Department and to consider the renewal application for the
D & O license without insisting on the said NOC, within a period
of three weeks from today.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/12/04
WP(C) No.12617/2023 3/3
APPENDIX OF WP(C) 12617/2023
Exhibit P1 TRUE COPY OF LICENCE BEARING NUMBER G/SC/KL/06/221
(G4575) DATED 17.6.1986 ISSUED BY DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, ERNAKULAM TO PETITIONER,
RENEWED ON 12.9.2022 AND VALID UNTIL 30.9.2031
Exhibit P2 TRUE COPY OF LICENCE BEARING NUMBER
127/2022-2023/A-4/938/222 DATED 1.4.2022 ISSUED BY 2ND
RESPONDENT TO PETITIONER
Exhibit P3 TRUE COPY OF APPLICATION FOR RENEWAL DATED 20.1.2023
SUBMITTED BY PETITIONER TO 2ND RESPONDENT
Exhibit P4 TRUE COPY OF RECEIPT DATED 20.1.2023 ISSUED BY 2ND
RESPONDENT, ACKNOWLEDGING EXHIBIT P3 APPLICATION FOR
RENEWAL
Exhibit P5 TRUE COPY OF LETTER NO.JC1/D&O-1/23 DATED 6.2.2023
ISSUED BY 2ND RESPONDENT TO PETITIONER
Exhibit P6 TRUE COPY OF JUDGMENT DATED 1.2.2021 IN W.P.(C)
NO.12445 OF 2019 BEFORE THIS HON'BLE COURT
Exhibit7 TRUE COPY OF ORDER DATED 6.4.2017 IN W.P.(C) NO.12154
OF 2017 BEFORE THIS HON'BLE COURT ALONGWITH ITS
READABLE COPY
