Mr. Aneesh K.A vs The District Collector
2024 Latest Caselaw 14413 Ker

Citation : 2024 Latest Caselaw 14413 Ker
Judgement Date : 31 May, 2024

Kerala High Court

Mr. Aneesh K.A vs The District Collector on 31 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
            FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                             WP(C) NO. 19619 OF 2024
PETITIONERS:

     1        MR. ANEESH K.A
              AGED 37 YEARS
              MANAGING PARTNER, SRI KRISHNA FIRE WORKS,
              S/O. MR. AYYAPPAN K.N, KANNATHUSSEY HOUSE,
              PALLIPPURAM KARA, PALLIPORT POST, ERNAKULAM, PIN - 683514
     2        MRS. BHAGYALAKSHMI P.B,
              PARTNER, SRI KRISHNA FIRE WORKS, W/O. MR. ANOOP K.A,
              PUTHUMANGALATH HOUSE, PUTHUVYPE POST, ELAMKUNNAPUZHA
              VILLAGE, KOCHI TALUK, ERNAKULAM, PIN - 682508
              BY ADVS.
              BHARATH MURALI
              MANU NAIR G.
              AJAY SANKAR
              ARCHANA KRISHNAN K.R.


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, CIVIL STATION, KAKKANAD,
              ERNAKULAM DISTRICT, PIN - 682030
     2        THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL ALUVA,
              KERALA, PIN - 683101
     3        THE STATION HOUSE OFFICER
              MUNAMBAM POLICE STATION, PALIPORT P.O, CHERAI,
              KERALA, PIN - 683515

              BY ADV.SRI.AJITH VISWANATHAN, GP


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.19619 of 2024


                                       2

                            C.JAYACHANDRAN, J.
                      ------------------------------------
                         W.P.(C.) No.19619 of 2024
                      ------------------------------------
                    Dated this the 31st day of May, 2024

                                 JUDGMENT

The petitioners applied for a No Objection Certificate

under the Explosive Rules, 2008 vide Ext.P2 before the

first respondent/District Magistrate. Although Ext.P4

report from the Village Officer and Ext.P5 report from the

District Fire Officer have been made available in favour of

the petitioner, no orders are passed in Ext.P2 allowing the

NOC, is the grievance espoused by the petitioners. The

petitioners seek a direction to the first respondent-

District Magistrate/District Collector to pass orders in

Ext.P2, in the light of Ext.P10 representation preferred by

the petitioners.

2. Having heard the learned counsel appearing for

the petitioners, as also, learned Government Pleader for

the respondents, this Court is of the opinion that Ext.P2

can be directed to be disposed of within a time frame.

This Court also notice that there is a report by the District

Police Chief, whereby the objection by two neighbouring

owners have been noticed. The said report also indicates

that the first petitioner has already been issued with an

existing licence in respect to 5 cents of land, which forms

part of the total 20 cents, to which he is entitled to; and

that, the present licence is sought for in respect of the

remaining 15 cents of land.

3. Taking into account all the attendant facts and

circumstances, the first respondent/District Collector is

directed to consider and pass orders on Ext.P2

application, in the light of Ext.P10 representation, within a

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

this judgment. The petitioners will produce a copy of this

judgment before the first respondent.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/31-05

PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ACKNOWLEDGMENT OF THE REGISTRATION OF THE FIRM EXHIBIT P2 THE TRUE APPLICATION DATED 22.09.2023 EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 17.10.2023 PASSED BY THE 1ST RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE REPORT DATED 03.11.2023

EXHIBIT P5 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 09.11.2023 BEARING NO.

DFO/EKM/3992/2023/A ISSUED BY THE DISTRICT FIRE OFFICER, ERNAKULAM EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 08.02.2024 PASSED BY THIS HON'BLE COURT IN W.P (C) NO. 4572 OF 2024 EXHIBIT P7 THE TRUE COPY OF THE RTI REPLY DATED 02.03.2024 EXHIBIT P8 THE TRUE COPY OF REPORT SUBMITTED BY THE THE 2ND RESPONDENT EXHIBIT P9 THE TRUE COPY OF THE LOCATION SKETCH OF THE SCHEDULED PROPERTY EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 02.05.2024 SUBMITTED BEFORE THE 1ST RESPONDENT RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE