IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 37639 of 2009(Y) -------------------------- PETITIONER: --------------- THANKARAJAN, S/O.JOSEPH, AGED 63 YEARS, VALLANINNA PUTHEN VEEDU, THIRUPURAMP.O, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI. P RAMACHANDRAN NAIR SRI. V. VIJULAL RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, POOVAR. 2. THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, POOVAR. BY GP., SRI P N SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 37639 of 2009 Y - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court for a direction to the respondents to refrain from interfering with the manufacture of Gun Powder in terms of the licence, in the wake of Ext.P6. 2. The case of the petitioner in brief is as follows. Petitioner is having a licence to manufacture 15 kgs. of gun powder at a time. Initially licence was granted w.e.f. 31.3.1995, which was renewed from time to time and it was valid upto 31.3.2009. He was engaged in manufacture of fire works for festivals. He has been implicated in Crime No. 132 of 2009 for offences punishable under the Explosive Act, when application for renewal of the licence was pending consideration. W.P.(C).No. 37639 of 2009 2 3. When the interference by the police became rampant, the petitioner filed W.P.(C) No. 22385 of 2009 before this Court. As per Ext.P3 interim order, this Court directed the Additional District Magistrate to dispose of the application for renewal of licence. The Additional District Magistrate, by Ext.P4, rejected the application on the ground that safety measures are not fool proof. Petitioner preferred Ext.P5 appeal and obtained Ext.P6 order of stay. 4. We heard learned counsel for the petitioner and the learned Government Pleader. 5. The learned counsel for the petitioner submits that the Government has taken a policy decision not to grant Explosive Licences to individuals, but to grant licence only to Co-operative Societies and the Government has granted time till 31.3.2010 for the existing licence holder to become members of Co-operative Societies and to avail of the benefit of the policy. 6. In this case, the application for licence of the petitioner has been rejected by the Additional District Magistrate. Against the W.P.(C).No. 37639 of 2009 3 dismissal order, an appeal was filed by the petitioner. The Government has passed an order of stay in that appeal. The prayer in the Writ Petition is founded on Ext.P6 order of stay. We notice that the appeal itself is directed against the rejection of the application for licence. In such circumstances, we feel that it is for the petitioner to approach the Government and seek clarification of the order, as to the effect of the stay order granted in the facts of this case. 7. Without prejudice to the right of the petitioner to move the Government, this Writ Petition is disposed of. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm