IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 W.P(C).No. 9443 of 2008(Y) PETITIONERS: 1. O. SATHIS CHANDRAN S/O.P.KOHIKRISHNAN NAIR, PROPRIETOR M/S.P.K. NAIR AND O.S.CHANDRAN, BIZ BAZAR CALICUT-673001. 2. N. SOMASUNDARAM, S/O.N.KUMARAN N.KUMARAN SONS, BIG BAZAR, CALICUT-673001. 3. K.BALAKRISHNAN, S/O.CHERIYAKKAN PANICKER BALARAM PHARMACY, POOZHIKUNI NILAM EXHIBITION ROAD, WEST HILL, CALICUT. 4. K.P.JAGDISH, S/O.APPUTTY, KALLUTHAN KADAVU, BYE PASS ROAD, P.O. PUTHIYARA, CALICUT. 5. K.P.JAGDISH, S/O.APPUTTY, ZAMARINS NORTH ROAD, CALICUT-673002. 6. K.P.JAYAPALAN, S/O.K.P.CHINNAN MAHARAJ HOME 'N' NEEEDS, KOMALAM BUILDING PUTHIYANGADI, CALICUT-673021. 7. T. KRISHNANKUTTY, S/P.PARACHAN THATTANKANDI HOUE, PUTHIYANGADI PO PUTHIYANGADI, CALICUT-673021. 8. P.LAKSHMI DEVI, W/O.O.P.THIAGARAJAN PALAYAM ROAD, CALICUT-673001. 9. C.P.RATNAKARAN, CHETTIYAMPORAYIL CHOVARAMBALAM, CALICUT-673017. 10. K.P.SUNEESH, S/O.K.P.SUKUMARAN VEGETABLE MERCHANTS, ERANCHIPALAM, CALIUT-673006. 11. K.P.SUKUMARAN, S/O.CHATHUKUTTY VEGETABLE MERCHANTS, ERANCHIPALAM CALICUT-673006. 12. P.V.CHANDRAN, S/O.KUTTY APPU COURT ROAD, CALICUT-673001. 13. P.GIRIJA, W/O.P.G.PERUMAL, 18/4 SREE BALAJI STORES, PALAYAM, CALICUT. WPC 9443 of 2008 - 2 - 14. K.PRABHAKARAN, S/O.CHATHU PRAKASH FANCY, KAROOR, CALICUT-673008. 15. P.P.UDAYASANKAR, S/O.P.BHASKARAN 39/967, KORA ROAD, CALICUT-673021. 16. K.P.CHANDRAN, S/O.CHATHAPPAN VINAYAKA AGENCIES, VIKAS BUILDING, RAILWAY STATION LINK ROAD, CALICUT-673002. 17. AMBALAPPALLY SAKEER, S/O.KOYA AMBALAPPALLY STORES, KALLAI ROAD CALICUT-673003. 18. C.K.PRADEEPAN, S/O.RAMAN EAST NADAKKAVU, CALICUT-673011. 19. P.GOVINDAN,S/O.RAJAKUTTY, WEST HILL KANAKALAYA BANK, CALICUT-673005. 20. T. MANOJ KUMAR, S/O.BHASKARAN THILAKKAM FANCY, ATHANIKKAL, K.K.STORES POKKUNNU, CALICUT. 21. K. KOYASSAN, S/O.K.AVARANKUTTY K.K.STORES, POKKUNNU, CALICUT. 22. P.P. RADHAKRISHNAN, S/O.CHOYIKUTTY P.P. STORES, KEMMERI, CALICUT. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: 1. ADDITIONAL DISTRICT MAGISTRATE, CALICUT 2. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO), KENDRIYA BHAWAN, KAKKANAD, ERNAKULAM, COCHIN-682 037. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================== W.P.(C) NO. 9443 OF 2008 Y ================== Dated this the 2nd day of April, 2008 J U D G M E N T The petitioners 22 in number have described themselves as holders of licence under Rule 155 of the Explosives Rules, 1983 for possession and sale of explosives/fire works. 2. In this writ petition what is sought for is to direct the 1st respondent to permit them to conduct sale of explosive materials and fire works at licenced premises on conditions that are prescribed in the licence itself. It is stated that following the explosion that took place in the SM Street, Calicut in the previous year, all fire work shops were ordered to be shifted away from the congested places and last year the petitioners were permitted to run their shop at a place called Swapna Nagari in Kozhikode. The petitioners submit that presently there is no circumstance warranting the continuance of their business at a far away place and therefore the prayer now made is to permit them to continue business at the licenced premises. 3. Considering the situational requirements, it is for the authorities to decide what conditions are to be imposed in the conduct of business by the petitioners. Authorities were certainly justified in ordering shifting of the WPC 9443/08 :2 : shops from congested places and that too, particularly in the background of the explosion that occurred in S.M.Street, Calicut in the past. 4. It is seen from Ext.P3 that the Deputy Controller of Explosives himself has addressed the District Magistrate informing that duly licenced shops can be located in areas other than those identified by the District Administration as congested areas. In view of the above, it is only proper that the District Authorities identify the areas which are congested and undesirable for locating the shops and permit shops in other areas. 5. Therefore, I dispose of this writ petition directing that the 1st respondent shall get the areas that are congested identified and permit the shops in other areas. This shall be done as expeditiously as possible, at any rate within three days of production of a copy of this judgment, particularly taking into account the fact that the petitioners are to start their business in anticipation of the Vishu that falls on 14/4/2008. It is clarified that this judgment is rendered on the facts as it now prevails and will not prevent the authorities from any action that they deem fit for the future. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp