Kerala High Court
M.P.Jose vs The District Collector on 27 January, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY,THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939
WP(C).No. 9664 of 2017 (G)
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PETITIONER :
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M.P.JOSE,
AGED 45 YEARS, S/O.PURAVATH,
MADATHIKUDIYIL HOUSE,
KIGINIMATTOM P.O, KOLENCHERY,
ERNAKULAM DISTRICT.
BY SRI.K.P.DANDAPANI,SENIOR ADVOCATE
ADV. SRI.SAJEEV KUMAR K.GOPAL
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
(DISTRICT MAGISTRATE), MALAPPURAM - 676 505.
2. THE SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPDT. OF POLICE,
MALAPPURAM - 676 505
3. THE TAHSILDAR,
PERINTHALMANNA-679 322
4. THE VILLAGE OFFICER,
ARAKKUPARAMBU-679 322
R1 TO R4 BY SR GOVERNMENT PLEADER SMT. K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 9664 of 2017 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
WPC.NO. 20548 OF 2016
P2 TRUE COPY OF THE ORDER DATED 27/1/2016
P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE VIDE NUMBER
E7/11920/D.DIS DATED 01/2/2016
P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDUSTRIAL
EXPLOSIVES PRIVATE LIMITED, NAGPUR.
P5 TRUE COPY OF THE APPLICATION FOR LICENSE IN FORM AE-3
P6 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT
DATED 13/3/2017
P7 TRUE COPY OF THE REPRESENTATION DATED 20/03/2017 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J.
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W.P.(C). No.9664 of 2017
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Dated this the 3rd day of April, 2017
JUDGMENT
Petitioner was issued with a No Objection Certificate for obtaining Explosive Licence by the 1st respondent, evident from Exts.P2 and P3, in accordance with rule 102 and 103 of Explosive Rules, 2008. According to the petitioner, based on Exts.P2 and P3, petitioner proceeded further for construction and also purchase of portable explosive magazine. He had also applied for necessary licence before the authority under rule 113 of the Rules. The said application is pending. However, all on a sudden and abruptly, 1st respondent reviewed Exts.P2 and P3 and cancelled the No Objection Certificate, evident from Ext.P6 dated 13.3.2017, which according to the petitioner, is without providing an opportunity of hearing to the petitioner and without assigning sufficient reasons as to why the said No Objection Certificate was cancelled. These are the background facts projected by the petitioner to secure the reliefs sought for in the writ petition.
2. Heard learned Senior Counsel for the petitioner, W.P.(C). No.9664 of 2017 2 learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.
3. Learned counsel for petitioner predominantly contended that, a statutory hearing is provided under proviso to rule 115(1)(c) before any cancellation of NOC granted to the petitioner. Learned Senior Government Pleader on instructions submitted that, such a course was not be adopted by the statutory authority. Needless to say, since there is a statutory provision for providing a hearing, violation of the same cannot be viewed lightly. That being the situation, Ext.P6 order is passed by the 1st respondent in absolute violation of the principles of natural justice. Therefore, I am of the considered opinion, Ext.P6 order passed transforms itself into an arbitrary and illegal action. Consequentially, I have no hesitation to quash Ext.P6. Accordingly I do so.
4. Therefore, there will be a direction to the 1st respondent to issue sufficient notice to the petitioner providing sufficient time for filing objection, hear the petitioner and arrive at a finality in respect of the action pertaining to Ext.P6 within a W.P.(C). No.9664 of 2017 3 month from the date of receipt of a copy of this judgment.
Writ petition is allowed accordingly.
Sd/-
SHAJI P. CHALY JUDGE smv 4.4.2017