IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 30514 of 2011(L) --------------------------------- PETITIONER(S): ------------------- VIMALA SASIDHARAN, KUZHINJATHUNDIL HOUSE, PARAKODE P.O., ADOOR. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------------- 1. LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSION, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM - 33 2. ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA - 689 645. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA - 689 645. 4. THE TAHSILDAR, ADOOR TALUK, PATHANAMTHITTA DISTRICT - 689 644. BY SR. GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30514/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.K.DIS.42249/07/B4 DATED 17/12/2008 ISSUED THE 2ND RESPONDENT. P2: COPY OF THE LICENSE NO.01/2008/20/ADR ISSUED TO THE PETITIONER TO MANUFACTURE EXPLOSIVES DT.17.12.08 P3: COPY OF THE ORDER NO.B4-37355/09 DATED 19/07/2010 PASSED BY THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5: COPY OF ORDER NO.LRA5/38578/10 DATED 24/3/2011 PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 30514 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 1st day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was granted licence under the Explosives Act for manufacture and sale of fire works for temple offerings. The licence was valid till 16.12.2009. On its expiry, she made an application for its renewal which was rejected by Ext.P3 order passed by the second respondent. Aggrieved by Ext.P3, petitioner filed an appeal before the first respondent. According to the petitioner, the appeal was posted for hearing to 16.02.2011. It is pleaded that she was informed that the hearing was postponed to 16.04.2011 for technical reasons. Without any further notice or affording an opportunity for hearing, the appeal was heard on 16.02.2011 itself and the first respondent rejected the appeal by Ext.P5 order. It is in these circumstances, the writ petition has been filed. 2. Apart from the contention of the counsel for the W.P.(C) No.30514/2011 : 2 : petitioner that the appeal was decided without notice to her, it is also contended that both the original authority as well as the appellate authority rejected the application for renewal as also the appeal, without any application of mind. 3. Having heard the counsel for the petitioner and also the submissions made by the learned Government Pleader, I am inclined to agree with the counsel for the petitioner that Exts.P3 and P4 are vitiated for non application of mind. Reading of Ext.P3 shows that, though the Superintendent of Police reported that there is no objection in renewing the licence, the Tahsildar suggested a possibility of danger to the lives and properties of the neighbours and the applicant, in the event of renewal of licence. Merely referring to these two reports and without any application of mind to the facts of the case and the materials available, the second respondent rejected the application for renewal. The very same procedure has been adopted by the first respondent also while considering the appeal filed by the petitioner. W.P.(C) No.30514/2011 : 3 : Therefore, Exts.P3 and P4 cannot be sustained and for that reason, these orders are set aside. In the result, writ petition is disposed of, directing the second respondent to reconsider the application filed by the petitioner for renewal of Ext.P2 licence with notice to her and pass fresh orders thereon. This shall be done, at any rate, within four weeks from the date of production of a copy of this judgment. Sd/- (ANTONY DOMINIC, JUDGE) aks/01/12 // True Copy // P.A. To Judge