IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 2262 of 2010(G) ------------------------- PETITIONER: --------------- 1. PAUL C.CHERIAN,AGED 44 YEARS, S/O.C.T.CHERIAN, CHERUPANDALITHOTTATHIL HOUSE VENGOOR PO,ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU P.O. ERNAKULAM DISTRICT 2. THE ADDITIONAL DISTRICT MAGISTRATE CIVIL STATION, KAKKANADU PO,ERNAKULAM. 3. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, 140, RUKMINI LAKSHMIPATHY SALAI EGMORE, CHENNAI-8. BY GOVT. PLEADER SRI. K.RAMESH FOR R1 & R2 ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2262/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CONSENT TO ESTABLISH THE QUARRY ISSUED TO THE PETITIONER BY THE POLLUTION CONTROL BOARD DT. 4.12.2007 WHICH IS VALID UPTO 3.12.2010 EXT.P2: COPY OF THE LICENSE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 2.1.2010 EXT.P3: COPY OF THE ORDER DT. 08.01.2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P4: COPY OF THE PROCEEDINGS DT. 16.11.2009 PASSED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE IN FAVOUR OF ONE SHAJI MATHEW, MANAGING PARTNER OF MATHA INDUSTRIES IN KOODARANHI IN KOZHIKODE DISTRICT. PA TO JUDGE /TRUE COPY/ P.N.RAVINDRAN, J. --------------------------------- W.P.(C) No. 2262 of 2010 -------------------------------- Dated this the 16th day of February, 2010. JUDGMENT The petitioner is the owner of a large extent of land situated in Sy. No.47/6-1 of Vengoor Village in Kunnathunadu Taluk, Ernakulam District. With a view to start a quarry and to establish a crusher unit in his lands, he submitted Ext.P2 application before the Additional District Magistrate for the grant of an LE-3 licence under the Explosive Rules, 2008. On that application, the District Collector passed Ext.P3 order informing the petitioner that he should obtain the prior permission of the Joint Chief Controller of Explosives, Chennai before applying for NOC to establish a magazine. The petitioner was called upon to resubmit the application after obtaining the prior sanction of the Joint Chief Controller of Explosives, Chennai. In this writ petition the petitioner challenges Ext.P3 and seeks direction to the first respondent to consider Ext.P2 application and pass orders thereon without insisting on the production of prior sanction from the Joint Chief Controller of Explosives, Chennai. The petitioner contends that under the provisions of the Explosives Rules, 2008 the District Collector is also a licensing authority and that prior permission of the Joint Chief Controller of Explosives, Chennai is not required for passing orders on Ext.P2 application. W.P.(C) No. 2262 of 2010 2 2. When this writ petition came up for hearing today, Sri. K.Ramesh, the learned Government Pleader appearing for respondents 1 and 2, submitted that the District Collector proceeded on the assumption that Ext.P2 application was for the grant of a No Objection Certificate and that it was on that basis, he issued Ext.P3 order. The learned Government Pleader submitted that the District Collector will examine Ext.P2 afresh and take a decision thereon expeditiously and in accordance with law. He also submitted that even to obtain the licence applied for in Ext.P2, the petitioner will have to obtain prior permission from the third respondent under Rule 101 of the Explosives Rules, 2008. In the light of the said submission, I dispose of this writ petition with a direction to the District Collector, Ernakulam, to reconsider Ext.P2 application and take a decision thereon after hearing the petitioner expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. The petitioner's contentions are kept open. P.N.RAVINDRAN Judge vps W.P.(C) No. 2262 of 2010 3