Kerala High Court
Kuzhiyanamkunnu Granites Llp vs Deputy Chief Controller Of Explosives on 26 June, 2025
2025:KER:46171
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA,
1947
WP(C) NO. 18202 OF 2025
PETITIONER:
ABDUL SAMMAD,
AGED 35 YEARS
S/O. MUHAMMED KUTTY, THEYYATIL HOUSE,
CHERUKOD POST, PATTAMBI TALUK, PALAKKAD,
PIN - 679336
BY ADVS.
SRI.JOHNSON GOMEZ
SHRI.ARUN JOHNY
SHRI.SANJITH JOHNSON
SMT.DEEBU R.
SHRI.ABIN JACOB MATHEW
SMT.DIVYA S.
RESPONDENTS:
1 DISTRICT COLLECTOR PALAKKAD,
DISTRICT COLLECTORATE, CIVIL STATION,
PALAKKAD, KERALA, PIN - 678001
2 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM & EXPLOSIVES SAFETY ORGANISATION,
(PESO) KENDRIYA BHAVAN, KAKKANAD, KOCHI,
PIN - 682030
3 MUHAMMED SAVAD,
MANAGING PARTNER, M/S. KUZHIYANAMKUNNU
GRANITES (PVT.LTD) DOOR NO.20/160, ONGALLUR
VILLAGE, KALLADIPATTA POST, PATTAMBI,
PALAKKAD, PIN - 679313
WP(C)Nos.18202 & 20631 of 2025
2025:KER:46171
2
BY ADVS.
SHRI.JOSEPH JERARD SAMSON RODRIGUES
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.ITTOOP JOY THATTIL
SHRI.AJITH VISWANATHAN, G.P
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 26.06.2025, ALONG WITH WP(C).20631/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.18202 & 20631 of 2025
2025:KER:46171
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA,
1947
WP(C) NO. 20631 OF 2025
PETITIONER:
KUZHIYANAMKUNNU GRANITES LLP.
DOOR NO: 20/160, ONGALLUR 1, KALLADIPATTA
POST, OTTAPALAM, VALLAPUZHA, PALAKKAD.
REPRESENTED BY ITS MANAGING PARTNER SRI.
MUHAMMED SAVAD, PIN - 679313
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.ITTOOP JOY THATTIL
RESPONDENTS:
1 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM & EXPLOSIVES SAFETY RGANIZATION
(PESO), C 2-IIIRD FLOOR, CGO COMPLEX,
KAKKANAD, ERNAKULAM, PIN - 682021
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, PALAKKAD,
PIN - 678001
3 ABDUL SAMMAD,
AGED 35 YEARS
S/O. MUHAMMED KUTTY, THEYYATIL HOUSE,
WP(C)Nos.18202 & 20631 of 2025
2025:KER:46171
4
CHERUKOD POST, PATTAMBI, PALAKKAD, PIN -
679336
BY ADVS.
SRI.JOHNSON GOMEZ
SHRI.JOSEPH JERARD SAMSON RODRIGUES
SHRI.ARUN JOHNY
SRI.SANJAY JOHNSON
SHRI.SANJITH JOHNSON
SMT.DEEBU R.
SHRI.ABIN JACOB MATHEW
SMT.DIVYA S.
SMT. DEEPA NARAYANAN, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.06.2025, ALONG WITH WP(C).18202/2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.18202 & 20631 of 2025
2025:KER:46171
5
JUDGMENT
(Dated this the 26th day of June, 2025) Both these Writ Petitions pertains to the same subject matter and hence heard together and disposed of together.
2. In the writ petition first above referred, the petitioner alleges that, the explosive magazine, which is proposed to be set up by 3 rd respondent in that writ petition, is within a distance of 300 meters from the residential homes, a high school and a madrasa in contravention of the statutory requirements. It was also submitted that, a joint petition preferred by 103 families was sidelined by the 1 st respondent, while issuing the impugned Ext.P7 NOC to the 3rd respondent for issuance of a license to establish an explosive magazine. Other grounds pleaded in the Writ Petition would indicate that, there was no Environment Impact Assessment, Hydro Geological Survey, flood-risk analysis., etc. It was also submitted that, as per the Petroleum and Explosives Safety Organization(PESO) guidelines, less populated sites are liable to be considered, which is also not done. It was then submitted that the 3rd respondent has not WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 6 attained the age of 21 years in terms of Rule 131 (2) of the Explosives Rules, 2008 rendering him incompetent to hold an explosive license. Another issue raised was with respect to the absence of sufficient width for the road to access the site. On these grounds, the writ petition was filed seeking a writ of certiorari quashing Ext.P7 NOC, issued by the 1st respondent in favour of the 3rd respondent.
3. The second Writ Petition was preferred by the 3rd respondent in the 1st Writ Petition for a direction to the 1st respondent/Deputy Chief Controller of Explosives to consider and pass orders in petitioner's application for explosive license, uninfluenced by the pendency of the 1 st Writ Petition. The grievance raised was that, the same was not being done by the 1 st respondent on account of the pendency of the 1st Writ Petition.
4. Heard the learned Counsel for the petitioners in the respective Writ Petitions as also the learned Counsel for the respondents.
5. The learned Counsel for the petitioner in WP(C)No.18202/2025 would submit that, apart from violation of the distance Rule, and other grounds WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 7 canvased in the writ petition, Ext.P7 NOC is liable to be interfered for the reason that, the petitioner in Ext.P7 is a company and while considering the antecedents of the petitioner, the antecedents of all the directors of the company has to be ascertained. According to the learned Counsel, there are criminal cases pending against one of the directors of the company, which aspect has not been considered while issuing Ext.P7 NOC and the same is, therefore, liable to be quashed.
6. This Court is at a loss to observe that this ground was neither pleaded in the Writ Petition nor answered in the counter preferred by the contesting 3 rd respondent. This is raised before this Court for the first time today, when the matter is taken up for hearing. This Court cannot appreciate such a contention, which is taken as a bolt from the blue, thereby depriving an opportunity to the contestant respondent to answer the same. No application for amendment of the Writ Petition, or a request in this regard, is made before this Court. That apart, there is nothing produced to show that the applicant is a company and that there is a case pending against one of the directors of the said company. In WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 8 Ext.P7 NOC, the narration would indicate that the applicant is a partnership firm and there is no criminal case against any of the partners. In the circumstances, this contention cannot be appreciated at this belated stage and the same will stand rejected. However, this Court reserve the liberty of the petitioner to raise his contention appropriately before the competent authority, with sufficient proof to establish the allegation levelled.
7. Coming to the contentions which are raised in the Writ Petition, the first allegation is that, there are residential homes, high school and a madrasa within a distance of 300 meters from the proposed explosive magazine. In Schedule 8, Table 1 to the Explosives Rules, 2008, the safety distances are prescribed based on the quantity of kilo-grams to be dealt with in respect of the explosives. In the instant case, the petitioner is seeking an explosive magazine to store 300 kgs of explosives. The minimum distance prescribed to the nearest railway or road is 45 meters pertaining to 300 kgs; and 60 meters, to the nearest dwelling house, office, factories., etc. Even by the very showing in the Writ Petition, the above referred residential homes, madrasa.,etc are situated within a WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 9 distance of 300 meters which is not tabooed, going by the distance rule contemplated in Schedule 8 to the Explosives Rules. That apart, this Court notice that the distance from the nearest dwelling house as could be seen from Ext.R3(b) is 80 meters; and the distance to the nearest road is 70 meters and the distance to the madrasa is more than 200 meters. It may incidentally be stated that Ext.R3(b) is a report preferred by the Tahsildar concerned to the District Collector. The same has been acted upon by the 1st respondent/District Collector to grant Ext.P7/NOC. This Court cannot find anything illegal in the grant of NOC, taking into account the distance rule stipulated in Schedule 8 to the Explosives Rules, 2008.
8. Another ground is with respect to the absence of width to the approach road. The same is seen answered in Ext.P7, after relying upon the report of the Fire Officer, which indicates that there is adequate width for the approach road, so as to enable the Fire Engine to pass through in case of a necessity.
9. Insofar as the grounds, which pertains to the Environment Impact Assessment, Hydro Geological Survey.,etc, this Court is of the opinion that the petitioner WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 10 had not cared to go through the relevant rules, so as to ascertain the requirements for establishing an explosive magazine. No environmental impact assessment study or hydro geological survey is contemplated for issuing a permit/license for establishing an explosive magazine. The same are the requirements to start a quarry.
10. In the circumstances, this Court finds no tangible ground to allow the reliefs sought for in WP(C)No.18202/2025 and the same will stand dismissed.
11. Inasmuch as, this Writ Petition is dismissed, the other Writ Petition has also become infructuous. Needless to say that the 1 st respondent in the 2nd Writ Petition will proceed with petitioner's application for issuance of license,in accordance with law, expeditiously.
Accordingly, the writ petitions will disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE AKH WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 11 APPENDIX OF WP(C) 20631/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DATED 27.05.2024 ISSUED BY THE GEOLOGIST, PALAKKAD TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE ORDER NUMBERED AS
DCPKD/1897/2024-D3 AND DATED
22.04.2025 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P3 TRUE COPY OF THE NOC NUMBERED AS
DCPKD/1897/2024-D3 AND DATED
22.04.2025 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE LETTER NUMBERED AS
NA(E164828) AND DATED 27.05.2025 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT-R1(A) TRUE COPY OF THE APPLICATION NO.
157397 DATED 21.05.2025 SUBMITTED BY THE PETITIONER M/S KUNZHIYANAMKUNNU GRANITES LLP FOR PRIOR APPROVAL EXHIBIT R3B A TRUE COPY OF THE LOCATION SKETCH PREPARED BY AN INDEPENDENT SURVEYOR OF THE SAID PROPERTY EXHIBIT R3C A JOINT COMPLAINT DATED NIL FILED BY 103 RESIDENTS OF WARD 3, VALLAPUZHA GRAMA PANCHAYAT, BEFORE RESPONDENT NO.2 EXHIBIT R3D A TRUE COPY OF THE MCA MASTER DATA FOR KUZHIYANAMKUNNU GRANITES LLP (SHOWING 4 DESIGNATED PARTNERS) EXHIBIT R3A A TRUE COPY OF THE APPLICATION FOR NOC DATED 05/02/2024 SUBMITTED BEFORE THE DISTRICT MAGISTRATE PALAKKAD BY THE PETITIONER WP(C)Nos.18202 & 20631 of 2025 2025:KER:46171 12 APPENDIX OF WP(C) 18202/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION FOR NOC DATED 05/02/2024 SUBMITTED BEFORE THE DISTRICT MAGISTRATE PALAKKAD BY THE RESPONDENT NO.3 Exhibit P2 A TRUE COPY OF THE LOCATION SKETCH PREPARED BY AN INDEPENDENT SURVEYOR OF THE SAID PROPERTY Exhibit P3 A JOINT COMPLAINT DATED NIL FILED BY 103 RESIDENTS OF WARD 3, VALLAPUZHA GRAMA PANCHAYAT, BEFORE RESPONDENT NO.1 Exhibit P4 A TRUE COPY OF THE LETTER NO.
DCPKD/1897/2024-D3 DATED 18.03.2025 ISSUED BY THE RESPONDENT NO.1 Exhibit P5 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY 6 RESIDENTS TO THE FILE NO.
DCPKD/1897/2024-D3 BEFORE RESPONDENT NO.1 Exhibit P6 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 28/03/2025 BEFORE RESPONDENT NO.1 Exhibit P7 A TRUE COPY OF THE ORDER IN FILE NO.
DCPKD/1897/2024-D3 DATED 22/04/2025 ISSUED BY RESPONDENT NO.1 RESPONDENT EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE LETTER OF INTENT DATED 27.05.2024 ISSUED BY THE GEOLOGIST, PALAKKAD TO THE 3RD RESPONDENT.
EXHIBIT R3(B) TRUE COPY OF THE REPORT DATED 03.10.2024 SUBMITTED BY THE TAHSILDHAR, PATTAMBI TO THE 1ST RESPONDENT.
EXHIBIT R3(C) TRUE COPY OF THE REPORT DATED 16.10.2024 SUBMITTED BY THE DISTRICT POLICE CHIEF, PALAKKAD TO THE 1ST RESPONDENT.
EXHIBIT R3(D) TRUE COPY OF THE REPORT DATED 11.04.2025 SUBMITTED BY THE DISTRICT FIRE OFFICER, PALAKKAD TO THE 1ST RESPONDENT.
WP(C)Nos.18202 & 20631 of 2025
2025:KER:46171
13
EXHIBIT R3(E) TRUE COPY OF THE NOC NUMBERED AS
DCPKD/1897/2024-D3 AND DATED
22.04.2025 ISSUED BY THE 1ST
RESPONDENT TO THE 3RD RESPONDENT.