IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 4768 of 2010(U) ------------------------- PETITIONER : ------------------- SOMASUNDARAN, AGED 62 YEARS, S/O.KUMARAN, ERACHANKANDI THEKKAYIL HOUSE, PUTHIYANGADI.P.O, KOZHIKODE-21. BY ADV. MR.V.M.KRISHNAKUMAR RESPONDENT : --------------------- THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE. GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT T. R. RAMACHANDRAN NAIR, J ------------------------- W.P.(C.) No. 4768 of 2010 --------------------------------- Dated this the 04th day of March 2010 J U D G M E N T The petitioner herein seeking for a direction to the respondent to renew the license for sale of manufactured fire crackers under the Explosive Rules issued with shop having building No.9/1176 of Kozhikode Corporation. The petitioner's father was the licensee and after his death the business was being continued by the petitioner. Ext.P1 is the copy of the license issued to the petitioner from November 1993 onwards. Thereafter it was being renewed from time to time. Exts.P4 and P4(a) are the copy of renewal application and the chalan receipt evidencing the payment of the amount. 2. The petitioner is relying upon Ext.P6 judgment in W.P.(C) No.8117 of 2009. It is pointed out by the petitioner in Ground C of the writ petition that in the same big bazaar some another persons are conducting wholesale business of manufactured fire crackers. W.P.(C) No.4768 of 2010 -2- 3. A statement has been filed by the learned Government Pleader explaining that an unfortunate Fire Mishap had taken place on 05.04.2007 in a particular Crackers shop functioning in S.M.Street, Calicut in the name and style of M/s Kerala Stationary Mart, and the said Mishap resulted in the loss of eight valuable human lives and destruction of property amounting to crores of rupees. In the light of the above, the Additional District Magistrate on 05.04.2007 in exercise of the powers vested with him under Section 6 E of Subsection (3b) of the Explosives Act, 1884 suspended all the Explosive licenses in the Kozhikode Corporation until further orders as per proceedings No.D5.14692/07 dated 05.04.2007. It is pointed out that therefore no action can be taken on the application for renewal of license. 4. The learned Counsel for the petitioner submitted that no such orders have been communicated to the petitioner and the blanket suspension cannot be justified under the relevant provisions of the Act and the Rules. Other licensees are also W.P.(C) No.4768 of 2010 -3- functioning whose details have been furnished in Ground C of the writ petition and the same is within the Corporation area itself. It is pointed out that the renewal application is liable to be considered on merits. 5. Going by averments in statement in view of the order of suspension the respondent is unable to proceed with the application for renewal. Since the petitioner has not been served with any order so far the respondent will communicate a copy of the order of suspension to the petitioner within a period of three weeks. There will be a direction to consider Ext.P5 in accordance with law and communicate the decision also to the petitioner within the above period. This writ petition is disposed of as above. No costs. T. R. RAMACHANDRAN NAIR, JUDGE Jvt