M. Abbas vs Deputy Chief Controller Of ...
2023 Latest Caselaw 11297 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 27TH DAY OF OCTOBER 2023/5TH KARTHIKA, 1945
                     WP(C) NO. 26252 OF 2023
PETITIONER:

            M. ABBAS
            AGED 69 YEARS
            S/O. MEERA SAHIB, A.R. VILLA,
            SIDEWALL, MANCODU P. O.,
            CHITHARA, KOLLAM, PIN - 691 559.

            BY ADVS.
            ENOCH DAVID SIMON JOEL
            S.SREEDEV
            RONY JOSE
            LEO LUKOSE
            KAROL MATHEWS SEBASTIAN ALENCHERRY
            DERICK MATHAI SAJI


RESPONDENTS:

      1     DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
            PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION (PESO),
            C 2-IIIRD FLOOR, CGO COMPLEX,
            KAKKANAD, ERNAKULAM,
            PIN - 682 021.
      2     THE DIRECTOR OF MINING & GEOLOGY
            DIRECTORATE OF MINING & GEOLOGY,
            PATTOM P.O, THIRUVANATHAPURAM,
            PIN - 695 004.
      3     THE GEOLOGIST
            MINING AND GEOLOGY DEPARTMENT,
            DISTRICT OFFICE, KOLLAM,
            PIN - 691 008.

            BY ADV SRI.GIRISH KUMAR V. - CGC
            SRI. BIMAL K. NATH - SR. GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.26252 OF 2023

                                  2

                            JUDGMENT

The petitioner was granted Ext.P1 explosive

licence for the purpose of establishing an explosive

magazine for quarrying operations. The licence was

valid up to 31.03.2022. The petitioner submitted an

application for renewal of Ext.P1 licence. Along with

the application, the petitioner produced Ext.P3 Letter

of Intent (LoI) issued by the 2 nd respondent for grant

of quarrying lease. Ext.P3 LoI provides that the

quarrying lease will be issued only on production of

other statutory licences, including an explosive licence.

On receipt of the application for renewal of explosive

licence, the 1st respondent issued Ext.P2 letter

requiring the petitioner to forward a valid permit from

the Department of Mining and Geology. The petitioner

states that, in view of the conditions stipulated in

Ext.P3, he will be in a position to produce the

quarrying lease only on production of explosive licence.

Accordingly, the petitioner has approached this Court WP(C).No.26252 OF 2023

for a direction to the 1st respondent to renew Ext.P1

explosive licence of the petitioner on the basis of

Ext.P3 LoI.

2. A statement has been filed on behalf of the

1st respondent wherein, it is stated that the said

respondent has not denied renewal of licence and

never questioned the validity of LoI and the application

of the petitioner for renewal of explosive licence has

been kept in abeyance for want of quarrying

permit/lease to ensure the bonafide use of explosives.

It is stated that instead of submitting quarrying lease,

the petitioner has submitted LoI issued in 2016 and no

reason is forthcoming for not obtaining a quarrying

lease after lapse of seven years and it appears to them

that the quarrying lease is not issued for some other

reasons.

3. Relying on Ext.P4 information received from

the 3rd respondent-District Geologist under the Right to WP(C).No.26252 OF 2023

Information Act, 2005, the learned counsel for the

petitioner submits that there is no statutory stipulation

as to the period of validity of LoI. The said

communication is also relied on to content that only on

production of statutory licences mentioned in LoI,

quarrying permit will be issued.

4. Ext.P3 is LoI for grant of quarrying lease. As

per the LoI, quarrying lease will be issued on

production of explosives licence and other statutory

licences. Only on production of the explosive licence

and other statutory licences referred to in the LoI, the

application for quarrying lease will be processed

further. Being so, explosive licence is a pre-requisite

for issuance of quarrying lease. Therefore, for the

purpose of renewal of explosive licence, quarrying

permit/lease cannot be insisted.

5. Since it is stated by the 1st respondent that

the quarrying lease is insisted only to ensure the WP(C).No.26252 OF 2023

bonafide use of explosives, there cannot be any

impediment in renewing the application for explosive

licence, if all other statutory requirements are

complied with. The concern expressed by the 1 st

respondent regarding non issuance of quarrying permit

after lapse of seven years after obtaining the LoI is a

matter to be considered by the authority empowered

to issue quarrying permit/lease. Accordingly, there will

be a direction to the 1st respondent to consider the

application of the petitioner for renewal of explosive

licence on the basis of Ext.P3 and other relevant

documents, without insisting for quarrying

permit/lease.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.26252 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE EXPLOSIVE LICENSE NO.

E/SC/KL/22/1023(E46820) DATED 14.12.2017 VALID TILL 31.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.

E/SC/KL/22/1023(E46820) DATED 06.04.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER .

EXHIBIT P3 TRUE COPY OF THE LETTER OF INTENT NO.

3889/M3/2016 DATED 11.07.2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY NO.

DOKOL-DMG/1027/2023-E DATED 26.06.2023 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS ANNEXURES:-

ANNEXURE R1(a) TRUE COPY OF THE PERMIT NO.11/2014-15/MM/GBS/CRPS/DOQ/ S2/168/2014 DATED 08.04.2014.