IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13350 of 2009(K) -------------------------- PETITIONER(S): ----------------- K.A. RAJAN, AGED 50 YEARS, S/O. APPU, KOPPARA HOUSE, MANATHALA, CHAVAKKAD P.O., THRISSUR DIST. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): -------------------- THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI, MINISTRY OF COMMERCE AND INDUSTRY, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION, NO. 140, RUKHMINI LAKSHMIPATHY ROAD, MARSHALS ROAD, EGMORE, CHENNAI. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).13350 of 2009 --------------------------- Dated this the 26th day of May, 2009 JUDGMENT The petitioner, claiming to be a permit holder entitled to mine building stone from the property in Panancherry Village in Thrissur Taluk, as evidenced by Ext.P1, filed an application before the respondent for a Form 22 licence under Rule 155 of the Explosive Rules, 1983. Ext.P3 would indicate that the petitioner had produced certain documents before the Licensing Authority, is pending orders on the application for licence, Ext.P5 order was passed, which reads as follows: “With reference to the above, it is stated that the subject proposal cannot be processed further as the neighbouring residents of the quarry have raised objection for grant of licence. Your proposal is therefore rejected.” 2. The petitioner could have been told the reasons why the Licensing Authority is not in a position to grant the licence. In other words, the petitioner should have been heard before orders are passed on the application. That has not been done. W.P.(C).13350 of 2009 :: 2 :: 3. In the result, Ext.P5 is set aside. The respondent is directed to pass fresh orders, after giving the petitioner an opportunity of curing the defects, if any. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent for compliance. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge