IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 29875 of 2011(H) --------------------------------------- PETITIONER(S): ----------------------- IBRAHIM KALEEL, AGED 30 YEARS, S/O.AHAMED HAJI, HAYATH MANZIL, CHALA VIDYANAGAR, KASARAGOD DISTRICT. BY ADV. SRI.V.C.JAMES RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, KASARAGOD – 671 121. 2. THE ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD – 671 121. 3. PUTHINGE GRAMA PANCHAYATH, PUTHINGE, KUMBALA, KASARAGOD – 671 121. REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER MR.MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 29875 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE ORDER NO.C3/3592/2010 DATED 03.01.2011. EXT.P-2 TRUE COPY OF THE AGREEMENT EXECUTED WITH THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KASARAGOD. EXT.P-3 TRUE COPY OF THE PERMISSION FOR BUILDING CONSTRUCTION ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KASARAGOD. EXT.P-4 TRUE COPY OF THE APPROVAL OF CONSTRUCTION OF THE MAGAZINE/STORE HOUSE AT THE DEVELOPMENT PLOT BY THE CONTROLLER OF EXPLOSIVES DATED 03.05.2011. EXT.P-5 TRUE COPY OF THE APPROVAL OF REVISED DRAWINGS BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES. EXT.P-6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE DISTRICT COLLECTOR. EXT.P-7 TRUE COPY OF THE REPORT OF THE SUB COLLECTOR, KASARAGOD. EXT.P-8 TRUE COPY OF THE REPORT OF THE TAHSILDAR, KASARAGOD DATED 02.11.2011. EXT.P-9 TRUE COPY OF THE GOVERNMENT CLARIFICATION DATED 31.01.2007. EXT.P-10 COPY OF THE REPORT DATED 11/11/2011 OF SUB COLLECTOR, KASARAGOD. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J .......................................... W.P.(C). 29875/2011 .......................................... Dated this the 17th day of November, 2011 JUDGMENT According to the petitioner in order to set up fire works manufacturing Unit, he has to be issued a licence from the controller of Explosives. In order to obtain the said licence, he has to obtain NOC from the District Collector for which an application was made by him. It is the case of the petitioner that despite the recommendations made by the authorities, his application was not considered, on the ground that recommendation from the Panchayat is also necessary. Contending that the recommendation of the Panchayat is not a statutory requirement and that the District Collector should pass orders on his application for NOC, this writ petition was filed. 2. The learned Government Pleader was directed to obtain instructions in the matter. Although the Government Pleader conceded that the W.P.(C).29875/11 2 recommendation from the local authority is not a statutory requirement, Government Pleader submits that while the application of the petitioner was under the consideration of the District Collector, a mass representation objecting to the grant of NOC to the petitioner was received and that there upon, the District Collector forwarded the said representation for the commence of the Sub Collector, Kasargod. 3. According to the petitioner, on receipt of the said communication from the District Collector, Sub Collector considered the matter and has submitted his report dated 11.11.2011. 4. From the submissions made by the learned Government Pleader it is obvious that the application made by the petitioner is pending consideration of the District Collector and therefore, it is for the District Collector to consider the application for NOC in the light of the materials W.P.(C).29875/11 3 including the report of the Sub Collector. 5. Therefore, I direct that the District Collector shall consider the application in the manner as stated above and pass orders thereon as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs