Kerala High Court
E.C.Thomas vs State Of Kerala on 15 January, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 8TH DAY OF SEPTEMBER 2016/17TH BHADRA, 1938
WP(C).No. 30042 of 2016 (E)
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PETITIONER:
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E.C.THOMAS, PROPRIETOR,
M/S.CHAKRA TRADINGS,
ELAVANTHINGAL HOUSE, MURINGOOR PO,
THRISSUR DISTRICT - 680316.
BY BY SRI.S.SREEKUMAR (SENIOR ADVOCATE)
ADVS.SRI.MANOJ RAMASWAMY
SMT.SANJANA R.NAIR
SMT.V.SREEJA
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY
THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2. DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
COLLECTORATE, KANNUR DISTRICT.
3. ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, KANNUR DISTRICT, KANNUR.
4. PERAVOOR GRAMA PANCHAYATH,
PERAVOOR PO, KANNUR DISTRICT,
REPRESENTED BY ITS SECRETARY
R1 & R3 BY GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 30042 of 2016 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : TRUE COPY OF THE LETTER DATED 15.01.2016
ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P2 : TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT
DATED FEBRUARY 2016.
EXHIBIT P3 : TRUE COPY OF THE ORDER DATED 07.03.2016
(RELEVANT PORTION) ISSUED BY PESO WITH REGARD
TO APPLICATION NO.A/E/SC/KL/21/269 (E90960).
EXHIBIT P4 : TRUE COPY OF THE ORDER DATED 07.03.2016
(RELEVANT PORTION) ISSUED BY PESO WITH REGARD TO
APPLICATION NO.A/E/SC/KL/21/270/(E90962).
EXHIBIT P5 : TRUE COPY OF THE APPLICATION DATED 16.03.2016 IN
PURSUANCE OF APPROVAL NO.A./E/SC/KL/21/269
(E90960).
EXHIBIT P6 : TRUE COPY OF THE APPLICATION DATED 16.03.2016 IN
PURSUANCE OF APPROVAL NO.A./E/SC/KL/21/270
(E90962).
EXHIBIT P7 : TRUE COPY OF THE PANCHAYATH RESOLUTION VIDE
DECISION NO. 98 DATED 18.08.2016.
EXHIBIT P8 : TRUE COPY OF THE JUDGMENT DATED 28.06.2016 IN
WPC.NO. 1794/2016.
RESPONDENT(S)' EXHIBITS: NIL
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P.S. TO JUDGE
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P.B.SURESH KUMAR, J.
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WP.(C).No.30042 of 2016-E.
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Dated this the 8th day of September, 2016.
J U D G M E N T
Exts.P5 and P6 are the applications preferred by the petitioner for grant of No Objection Certificate under Rule 103 of the Explosives Rules, 2008. The grievance of the petitioner is that in the light of Ext.P7 decision taken by the concerned Grama Panchayat, the said applications are not being considered. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the second respondent to consider Exts.P5 and P6 applications untrammelled by Ext.P7 decision of the Grama Panchayat.
2. A similar matter was dealt with by this Court in Ext.P8 judgment. In Ext.P8 judgment, this Court had explained the procedure to be followed while dealing with applications under Rule 103 of the Explosives Rules, 2008.
In the circumstances, I deem it appropriate to dispose WP.(C).No.30042/2016-E. 2 of the writ petition directing the second respondent to consider Exts.P5 and P6 applications in the light of Ext.P8 judgment of this Court, untrammelled by Ext.P7 decision of the Grama Panchayat, within three months from the date of receipt of a copy of this judgment, after affording an opportunity for hearing to the petitioner. Ordered accordingly. The petitioner shall produce a copy of this judgment before the second respondent for compliance.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
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