Kerala High Court
P.C. Prakash vs The District Collector on 21 December, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
WP(C) NO. 41378 OF 2023
PETITIONER:
P.C. PRAKASH,
AGED 60 YEARS
S/O. LATE CHACKO, PUKIDIYIL HOUSE, KUZHIMATTOM
P.O., PANACHIKKAD VILLAGE, KOTTAYAM TALUK, PIN -
686533
BY ADV P.KURUVILLA JACOB
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KOTTAYAM., PIN - 686002
2 THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE BUILDING KOTTAYAM., PIN - 686001
3 THE VILLAGE OFFICER,
MUTTAMBALAM VILLAGE, MUTTAMBALAM PO, KOTTAYAM.,
PIN - 686004
SMT. DEEPA V. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) No. 41378 of 2023
2
JUDGMENT
The petitioner is having a shop room at Madukkani
Centre in Kottayam Municipality. In the said shop room, he
used to possess and sell manufactured fireworks during
festival seasons, after obtaining temporary license in
Form LE-5 under the provisions of the Explosives Act. The
petitioner has filed this writ petition for the following
reliefs:-
"(I) to issue a writ of mandamus or any other
appropriate writ, order or direction to the 2 nd
respondent, directing to consider and pass
necessary orders on Ext. P4 application,
considering the supporting documents already
filed and also considering the request in Ext.
P8 letter, enabling the petitioner to get
necessary temporary license under the
Explosives Act to possess and sell
manufactured fire works in his shop room at
Kanjikuzhy during the Xmas season of 2023
and the forthcoming New Year season.
(ii) To declare that there is serious inaction and
failure on the part of 2nd respondent to
consider and pass orders on Ext. P4 application
until this period. "
2. Heard the learned counsel for the petitioner and
the learned Government Pleader.
3. When this writ petition came up for consideration
today, the learned Government Pleader produced before
me a copy of the proceedings of the Additional District
Magistrate, Kottayam granting temporary explosives
license (LE-5) to the petitioner which shall remain in force
from 21.12.2023 to 31.12.2023.
In view of the same, nothing survives to be
considered in the writ petition. Accordingly, the writ
petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
bnu JUDGE
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 14.09.22 ISSUED BY THE SECRETARY OF
THE KOTTAYAM MUNICIPALITY TO THE OWNER OF
MADUKKANI CENTRE AT KANJIKUZHY FOR THE
PERIOD 2022-23.
Exhibit P2 TRUE COPY OF THE TEMPORARY LICENSEE DATED
21.12.21 ISSUED TO PETITIONER BY 2ND
RESPONDENT TO DO THE BUSINESS OF
MANUFACTURED FIRE GOODS IN HIS SHOP ROOM
FROM 21.12.21 TO 31.12.21.
Exhibit P3 TRUE COPY OF THE NO OBJECTION LETTER
ISSUED TO PETITIONER BY THE OWNER OF THE
SHOP ROOM 13 DURING NOVEMBER, 2022
Exhibit.P 4 TRUE COPY OF THE PRESCRIBED APPLICATION
FORM SUBMITTED BY PETITIONER BEFORE 1ST
RESPONDENT ALONG WITH CHALLAN RECEIPT
DATED 25.11.22, REQUESTING TO GRANT
NECESSARY TEMPORARY LICENCE TO POSSESS
AND SELL MANUFACTURED FIREWORKS IN HIS
SHOP ROOM DURING CHRISTMAS AND NEW YEAR
SEASONS OF 2022
Exhibit.P5 TRUE COPY OF THE 3RD RESPONDENT'S REPORT
DATED 06.12.22 COMMUNICATED TO THE TALUK
16-17 OFFICE, KOTTAYAM
Exhibit P6 TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 11.12.22 ISSUED TO
PETITIONER
Exhibit P7 TRUE COPY OF PETITIONER'S COMPLAINT DATED
23.12.21 SUBMITTED BEFORE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF PETITIONER'S LETTER DATED
27-10-2023 SUBMITTED IN THE OFFICE OF 1ST
21-22 RESPONDENT
Exhibit P8(a) TRUE COPY OF RECEIPT DATED 28-10- 2023
ISSUED TO PETITIONER FROM THE OFFICE OF
1ST RESPONDENT
Exhibit P9 TRUE COPY OF JUDGMENT DATED 01-12-2O23 IN
