Kerala High Court
Antony Varkey vs Divisional Forest Officer on 7 September, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 39158 OF 2018
PETITIONER:
ANTONY VARKEY,
AGED 50 YEARS
S/O.VARKEY, CHETTOOR HOUSE, PLAMUDI.P.O., KOTTAPADY,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 692.
BY ADVS.
PRAMOD KOCHUTHOMMEN.E.
SRI.JASON VENGATTU JOHNY
RESPONDENTS/RESPONDENTS:
1 DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE, MALAYATTOOR DIVISION,
KODANAD.P.O., ERNAKULAM DISTRICT, PIN-683 544.
2 FOREST RANGE OFFICER,
KODANAD FOREST RANGE, KODANAD.P.O., PIN-683 544.
3 DEPUTY FOREST RANGE OFFICER,
MEKKAPALA FOREST STATION, ARUVAPPARA.P.O., MEKKAPALA,
ERNAKULAM DISTRICT, PIN-683 545.
4 CONTROLLER OF EXPLOSIVES,
OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM DISTRICT, PIN-682 037.
5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM DISTRICT, PIN-682037.
6 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM-682 030.
7 THOMAS N A, PROPRIETOR,
M/S.NOBEL EXPLOSIVES, KADAYIRUPPU.P.O., KOLENCHERRY,
ERNAKULAM DISTRICT, PIN-682 311.
8 CHIEF CONSERVATOR OF FOREST,
CENTRAL CIRCLE, PRIYADARSHINI NAGAR, PARAVATTANI, THRISSUR
DISTRICT, PIN-680 005.
W.P.(C) No. 39158/2018 :2:
9 ADDL.R9 & R10 IMPLEADED:
V. BINU
S/O SHRI VISHWAMBHARAM, PROPRIETOR, M/S V.K AGENCIES,
VATTAKAITHYILVEEDU, SIVAN KOLI ROAD, PUNALUR P.O., KOLLAM
DISTRICT, PIN-691 305.
10 CHIEF CONTROLLER OF EXPLOSIVES,
A BLOCK, CGO COMPLEX, 5TH FLOOR, SEMINARY HILLS, NAGPUR,
MAHARASHTRA, PIN-440 006.
(ADDL.R9 AND R10 ARE IMPLEADED AS PER ORDER DATED 04/06/2019
IN IA.NO.03/2019)
R4 & R5 BY ADV SMT.C.G.PREETHA, CGC
R1-R3, R6 & R8 BY SRI. NAGARAJ NARAYANAN, SPL. GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 39158/2018 :3:
Dated this the 7th day of September, 2021.
JUDGMENT
S. MANIKUMAR,CJ.
Instant writ petition is filed for the following reliefs:
1. To issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 to 3 to remove or relocate the godown and explosives in Ext. P3 and Ext. P5 licences, to a place away from the Reserve Forest, within a time limit as fixed by this Hon'ble Court.
2. To issue a writ of mandamus or any other appropriate writ, order or direction to the 6th respondent to cancel the No Objection Certificate granted to the 7 th respondent with respect to Exts.P3 and P5 licences.
3. To issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext. P3 and Ext. P5 licences issued by the 5 th respondent in favour of the 7th respondent.
4. To issue a writ of mandamus or any other appropriate writ, order or direction to the 5th respondent to pass orders on Ext. P8 representation within a time frame.
5. To issue a writ of mandamus or any other appropriate writ, order or direction to the 8th respondent to take disciplinary action against the respondents 1 to 3 for their gross dereliction of duty to conserve Reserve Forest.
2. A counter affidavit has been filed for and on behalf of the Controller of Explosives and Deputy Chief Controller of Explosives, Office of the Deputy Chief Controller of Explosives, Ernakulam, respondent Nos. 4 and 5 respectively, wherein it is stated that the District Magistrate, Ernakulam, has cancelled the NOC issued to Sri. N.A. Thomas as per file No. DCEKM/1904/2018-M4 dated 11.10.2018 with respect to the licensed premises having licence No. E/HQ/KL/21/49(E29079) and W.P.(C) No. 39158/2018 :4: E/HQ/KL/21/85(E68559) and hence both the licences have been cancelled as per Rule 118(1)(II) of Explosives Rules, 2008. However, before cancellation of the NOC by the District Magistrate, the Chief Controller of Explosives, Nagpur had transferred the licence to M/s. V.K Agencies, Proprietor, V. Binu, S/o. Shri. Vishwambharam, Vattakaithyil Veedu, Sival Koil Road, Punalur P.O., Kollam District by order dated 18.09.2018 as per Rule 108 of the Explosives Rules, 2008.
3. To a query as to whether the explosive store house is operating in the premises, Sri. Nagaraj Narayanan, learned Special Government Pleader, submitted that no such activities are carried on after the cancellation of the licences.
In view of the above, we find that no further orders are required in this writ petition. Placing on record the statement filed by respondents 4 and 5 and the submission of the learned Special Government Pleader, this writ petition is dismissed.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 39158/2018 :5: APPENDIX OF WP(C) 39158/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 1.8.2018 UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 5TH RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE REPLY OF THE 4TH RESPONDENT DATED 24.9.2018.
EXHIBIT P3 THE TRUE COPY OF THE LICENSE NO.E/HQ/KL/21/49(E29079) DATED 5.4.2017 ISSUED IN FAVOUR OF THE 7TH RESPONDENT BY THE 5TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE INSPECTION REPORT OF LICENSE NO.E/HQ/KL/21/49/(E29079) DATED 04.05.2006. EXHIBIT P5 THE TRUE COPY OF THE LICENSE NO.E/HQ/KL/21/185 (E68559) DATED 17.3.2015 ISSUED IN FAVOUR OF THE 7TH RESPONDENT BY THE 5TH RESPONDENT. EXHIBIT P6 THE TRUE COPY OF THE INSPECTION REPORT OF LICENSE NO.E/HQ/KL/21/185 (E68559) DATED 02.02.2013 ISSUED IN FAVOUR OF THE 7TH RESPONDENT BY THE 5TH RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE LETTER NO.B-10649/2017 DATED 10.1.2018 ISSUED BY 1ST RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 7.11.2018 SENT TO THE 5TH RESPONDENT. EXHIBIT P9 THE TRUE COPY OF THE POSTAL RECEIPT DATED 13.11.2018 EVIDENCING SENDING OF EXHIBIT P8 REPRESENTATION.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS To Judge.
rv