IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(C).No. 12236 of 2011(D) -------------------------- PETITIONER(S): --------------- J. THANKARAJAN, S/O. JOSEPH, AGED 66, VALLANINNA PUTHEN VEEDU, THIRUPURAM.P.O, NEYYATINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR SRI.S.ASWAKUMAR RESPONDENT(S): --------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE A.D.M COLLECTORATE, KUDAPPANAKKUNNU.P.O, THIRUVANANTHAPURAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE, BUILDING, MUSEUM, THIRUVANANTHAPURAM. 4. THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, SOUTHERN DIVISION, CHENGAL CHOOLA, THIRUVANANTHAPURAM -1. 5. VILLAGE OFFICER, THIRUPURAM VILLAGE, NEYYATINKARA TALUK. 6. THAHSILDAR, NEYYATINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.12236/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE LICENCE ISSUED BY THE DISTRICT MAGISTRATE, THIRUVANANTHAPURAM DATED 22.11.1994 EXT.P2. TRUE COPY OF THE LICENCE DATED 31.3.2008 BY THE 1ST RESPONDENT. EXT.P3. TRUE COPY OF CHALLAN DATED 20.2.2009 EXT.P4. TRUE COPY OF APPLICATION FOR RENEWAL OF LICENCE DATED 20.3.2009 EXT.P5. TRUE COPY OF THE ORDER DATED 14.8.2009 IN W.P(C)NO.22385/2009(P) OF THIS HONOURABLE COURT. EXT.P6. TRUE COPY OF THE CERTIFICATE ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM DATED 5.8.2009 EXT.P7. COPY OF THE ORDER DATED 29.1.2011 BY THE 1ST RESPONDENT. EXT.P8. COPY OF THE CHALAN RECEIPT DATED 10.2.2011 EXT.P9. COPY OF APPLICATION FOR RENEWAL OF LICENCE NO.1/20/94 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P10. COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT. EXT.P11. TRUE COPY OF ORDER DATED 23.10.2003 IN CRL.M.A.NO.11165/2003 IN CRL.M.C.NO.4980/2003 ON THE FILE OF THIS HONOURABLE COURT EXT.P12. TRUE COPY OF THE ORDER DATED 24.9.2009 IN CRL.M.C.NO.2242/09 OF THIS HONOURABLE COURT. EXT.P13. TRUE COPY OF JUDGMENT DATED 17.3.2011 IN WP(C)NO.8427/2011 OF THIS HONOURABLE COURT. EXT.P14. TRUE COPY OF ORDER DATED 31.3.2011 EXT.P15. TRUE COPY OF APPEAL DATED 6.4.2011 EXT.P16. TRUE COPY OF FIR NO.132/09 OF POOVAR POLICE STATION. EXT.P17. TRUE COPY OF THE ORDER DATED 17.8.2009 OF THE 1ST RESPONDENT. EXT.P18. TRUE COPY OF ORDER DATED 16.9.2009 OF THE 3RD RESPONDENT. EXT.P19. TRUE COPY OOF ORDER DATED 27.2.2010 OF THE 3RD RESPONDENT. EXT.P20. TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT. EXT.P21. COPY OF THE TYPED COPY OF THE REPORT OF 6TH RESPONDENT TO THE 1ST RESPONDENT DATED 30.3.2011. EXT.P22. TRUE COPY OF THE N.O.C. ISSUED BY THE 4TH RESPONDENT DATED 25.4.2011 EXT.P23. TRUE COPY OF THE REPORT OF THE 6TH RESPONDENT DATED 30.3.2011 EXT.P24. TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE PANCHAYAT. EXT.P25. TRUE COPY OF LICENCE NO.1/20/2002 ISSUED ;BY THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12236 of 2011 ----------------------------------------- Dated this the 3rd May, 2011 JUDGMENT The petitioner, who possessed a licence to manufacture fire crackers, has filed this writ petition mainly challenging Ext.P14 order passed by the Additional District Magistrate and Deputy Collector (General), Trivandrum, rejecting the application submitted by him for renewal of the said licence, which expired on 31.3.2011. When the writ petition came up for hearing today, Sri.J.S.Ajith Kumar, learned counsel appearing for the petitioner, submitted that challenging Ext.P14 order the petitioner has filed Ext.P15 appeal before the Land Revenue Commissioner under section 6F of the Explosives Act, 1884 and that in such circumstances the writ petition may be disposed of with a direction to the Land Revenue Commissioner to consider Ext.P15 appeal and pass orders thereon expeditiously. In the light of the said submission and having regard to the fact that an appeal lies from Ext.P14 order to the Land Revenue Commissioner under section 6F of the Explosives Act, 1884 W.P(C) NO.12236/2011 -:2:- I dispose of the writ petition with a direction to the Land Revenue Commissioner to consider Ext.P15 appeal and pass appropriate orders thereon expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before him, after affording the petitioner an opportunity of being heard. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12236 of 2011 ---------------------------- JUDGMENT 3rd May, 2011