IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 37540 of 2010(N) -------------------------------------- PETITIONER(S): ---------------------- REJI KURIAN, AGED 34, S/O.KURIAN, THURUTHIYIL VEEDU, ALLAPRA KARA, VENGOLA, PERUMBAVOOR. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 695 001. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 695 001. 3. DISTRICT MAGISTRATE, ERNAKULAM. 682 015. BY GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.37540/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LICENSE NO.E/SC/KL/21/24 (E9323), DTD. 12.6.2009. P2:- COPY OF THE RENEWED LICENSE NO.K.DIS NO.56/2008/M4 DTD. 2.3.09. P3:- COPY OF THE RENEWED LICENSE FOR ROAD VAN REG. NO.KL-7 AR 3151. P4:- COPY OF THE ORDER IN CRL.M.C. 1491/09 OF THE HONOURABLE SESSIONS COURT. P5:- COPY OF THE LETTER ISSUED BY THE CHIEF CONTROLLER DTD. 28.8.09. P6:- COPY OF THE ORDER ISSUED BY THE DY. CHIEF CONTROLLER OF EXPLOSIVES DTD. 12.10.2009. P7:- COPY OF THE ORDER ISSUED BY THE JOINT CONTROLLER OF EXPLOSIVES DTD. 16.11.2009. P8:- COPY OF THE THE LETTER ISSUED BY THE DY.CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM ADDRESSED TO SHRI SHIBU KUMAR, S.I.KURUPPAMPADY POLICE STATION DTD. 12.10.2009. P9:- COPY OF THE NOTICE ISSUED BY THE CIRCLE INSPECTOR KURUPPUMPADY AND THAHASILDAR KUNNATHUNADE DTD. 22.9.09 AT 3 P.M. P10:- COPY OF THE WRITTEN EXPLANATION SUBMITTED BEFORE THE ADM. P11:- COPY OF THE LETTER ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM DTD. 21.8.2009. P12:- COPY OF THE ORDER IN PROCEEDING NO. D.DIS. 49910/09/M4 DTD. 16.11.2009. P13:- COPY OF THE MEMORANDUM OR APPEAL. P14:- COPY OF THE ORDER IN LRA 50-2071/2010 DTD. 29.9.2010. P15:- COPY OF THE REPRESENTATION DTD. 7.6.2011 INCLUDING THE COVERING LETTER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.37540 OF 2010 -------------------------------------------------- Dated this the 23rd day of June 2011 JUDGMENT The petitioner has approached this court with the following prayers: i) To issue a writ order or direction in the nature of writ of certiorari calling for record leading to Ext.P14 and to quash Exts.P12 and P14 orders. ii) Issue a writ order on direction in the nature of writ of mandamus directing the respondent No.3 to issue no objection certificate to the petitioner to conduct the business in term of Ext.P1 to P3 licenses. iii) Issue such other writ order or direction as are just and necessary in the fact the circumstances of the case. 2. During the pendency of the proceedings, the petitioner has come up with I.A No.9558/2011, wherein a copy of the representation preferred by the petitioner before the Additional District Magistrate, Ernakulam has been produced as Ext.P15. 3. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the 3rd respondent to cause Ext.P15 to be considered and disposed of in accordance with law within a reasonable time. W.P.(C) No.37540/2010 2 4. Heard the learned Government Pleader as well. 5. In the above circumstances, this Court finds that no fact adjudication is necessary. The Writ Petition is disposed of, directing the 3rd respondent to have Ext.P15 considered passing final orders in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within 'two months' from the date of receipt of a copy of this judgment. 6. The petitioner shall produce a copy of this judgment along with copies of the entire proceedings including the I.A and Ext.P15 before the 3rd respondent for taking further steps. vdv P.R.RAMACHANDRA MENON, JUDGE