IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17027 of 2011(C) -------------------------- PETITIONER(S): ---------------------- SANOJ PAUL, S/O.FR.PAULOSE CHITTAYATH, NELLIMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.ROY CHACKO RESPONDENT(S): ------------------------ 1. THE ADDL.DISTRICT MAGISTRATE, CIVIL STATION, KAKKANAD P.O., ERNAKULAM DISTRICT, PIN-682 030. 2. THE DY.CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, KAKKANAD, PIN-682 030. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17027/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPLICATION IN FORM 5 DT 12.12.2006. EXT.P1(a): TRUE COPY OF THE STATEMENT APPENDED TO THEAPPLICATION IN FORM 17 DT 11.12.2006. EXT.P2: TRUE COPY OF THE PROFORMA FILED BY THE PETITIONER FOR THE GRANT OF EXPLOSIVE LICENCE.' EXT.P2(a): TRUE COPY OF THE SITE PLAN FOR THE PROPOSED MAGAZINE IN SY.NO.112/7 AND 112/8 OF KUTTAMANGALAM VILLAGE. EXT.P3: TRUE COPY OF THE NO OBJECTION CERTIFICATE from the KAVALANGAD GRAMA PANCHAYAT DT 25.3.2008. EXT.P4: TRUE COPY of THE PERMIT ISSUED BYTHE GEOLOGIST, ERNAKULAM TO THE PETITIOENR UNDER RULE 4 OF THE KERALA MINOR MIENRAL CONCESSION RULES, 1967. EXT.P5: TRUE COPY OF THE CONSENT DT 19.2.2011 GRANTED BY THE POLLUTION CONTROL BOARD TO ESTABLISH ST.GEORGE GRANITE INDUSTRY. EXT.P6: TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIOENR DT 22.4.2009. EXT.P7: TRUE COPY OF THE LETTER DT 10.3.2011. EXT.P8: TRUE COPY OF THE REMINDER DT 26.5.2011 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17027 OF 2011 (C) ===================== Dated this the 24th day of June, 2011 J U D G M E N T The grievance raised in this writ petition is mainly regarding the alleged delay on the part of the respondents in considering an application made by the petitioner for a licence under the Explosives Act and the Rules. 2. In order to seek a licence under the Explosives Act, an applicant should first obtain no objection certificate from the 1st respondent. It is stated that for the said purpose, the petitioner has filed Exts.P1 and P1(a) before the 1st respondent and the said application is pending. It is also stated that once NOC is obtained, the NOC will have to be produced before the 2nd respondent and it is thereafter for the 2nd respondent to consider the application and pass orders thereon. 3. Now that on the petitioner's own showing, it is found that application for NOC has not been considered by the 1st respondent or orders passed thereon, I direct that, on the production of a copy of this judgment, the 1st respondent will take up and consider Exts.P1 and P1(a) and pass appropriate orders WPC No. 17027/11 :2 : thereon. This the 1st respondent shall do, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. 4. It is directed that if the 1st respondent issues NOC based on the above direction, it will be open to the petitioner to produce a copy of the NOC before the 2nd respondent, who thereupon shall, consider Exts.P2 and P2(a) applications made by the petitioner in the light of the NOC and pass orders thereon. This the 2nd respondent shall do at any rate within 8 weeks thereafter. 5. Petitioner is directed to produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp