Maneesh A vs The District Collector
2023 Latest Caselaw 4218 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        WP(C) NO. 11711 OF 2023
PETITIONER:

          MANEESH A
          AGED 33 YEARS
          S/O BHASKARAN, ADUMMAL HOUSE, OLAVANNA P.O, KOZHIKODE,
          PIN - 673019
          BY ADV MANAS P HAMEED


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KOZHIKODE, PIN - 673001

    2     THE ADDITIONAL DISTRICT MAGISTRATE
          CIVIL STATION, KOZHIKODE, PIN - 673001


          BY SRI.APPU.P.S-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11711 OF 2023

                                      2




                              JUDGMENT

Dated this the 31st day of March, 2023

This writ petition is filed seeking the following

relief:

"i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1 st respondent to pass order on Exhibit P1 application of the petitioner within a reasonable time frame that may be fixed by this Honourable Court."

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. It is submitted by the learned counsel

appearing for the petitioner that the petitioner intends

to start a store that sells fire works, crackers and

sparklers. Therefore, on 24/12/2022, the petitioner

submitted an application before the 1st respondent for

granting licence for the said purpose but the same has

not been considered in view of the fact that there is a

criminal case pending against the petitioner which is

registered as crime No.1055/2020 of Pantheerankavu WP(C) NO.11711 OF 2023

Police Station, Kozhikode District under Sections 143,

147, 323, and 324 r/w 149 of Indian Penal Code.

Relying on the provisions of Rule 118 of the Explosives

Rules, 2008, the petitioner contends that unless he is

convicted in the criminal case, the mere pendency of

the case cannot be a ground for refusing to consider

the application for granting license.

In the above view of the matter, there will be

a direction to the 1st respondent to take up Exhibit P1

application submitted by the petitioner and to consider

and pass orders on the same, in accordance with law,

within a period of one month from the date of receipt of

a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska WP(C) NO.11711 OF 2023

APPENDIX OF WP(C) 11711/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF APPLICATION DATED 24.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF NO OBJECTION CERTIFICATE DATED 07.02.2023 ISSUED BY THE DISTRICT FIRE OFFICER, KOZHIKODE Exhibit P3 A TRUE COPY OF THE RECOMMENDATION DATED 23.03.2023 OF THE TAHSILDAR, KOZHIKODE Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 15.02.2016 PASSED BY THIS HONOURABLE COURT IN W.P.(C).NO.5615 OF 2016 Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 05.04.2022 PASSED BY THIS HONOURABLE COURT IN W.P.(C).NO.12156 OF