Sindhu Ani vs The Additiional District Magistrate on 20 July, 2016

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Kerala High Court

Sindhu Ani vs The Additiional District Magistrate on 20 July, 2016

Bench: P.B.Suresh Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

            THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

       WEDNESDAY, THE 20TH DAY OF JULY 2016/29TH ASHADHA, 1938

                    WP(C).No. 23341 of 2016 (P)
                    ----------------------------



PETITIONER(S):
-------------

            SINDHU ANI,
            W/O. ANI, AGED 45 YEARS, KUNNEL HOUSE,
            ANAKKAL P.O., KOTTAYAM DISTRICT, PIN-686508.


            BY ADV. SRI.K.R.SUNIL

RESPONDENT(S):
--------------

          1. THE ADDITIIONAL DISTRICT MAGISTRATE,
            KOTTAYAM-686001.

          2. THE SUPERINTENDENT OF POLICE,
            KOTTAYAM-686001.


            BY GOVERNMENT PLEADER SMT.SUNITHA VINOD


       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION ON
       20-07-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:


PJ

WP(C).No. 23341 of 2016 (P)
----------------------------

                             APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

P1   TRUE COPY OF EXPLOSIVE LICENSE ISSUED IN FAVOUR OF THE
     PETITIONER BY THE 1ST RESPONDENT VALID UP TO 31-03-2013 AND
     RENEWED FROM TIME TO TIME.

P2   TRUE COPY OF THE LICENSE FROM THE MINING AND GEOLOGY
     DEPARTMENT, KOTTAYAM VALID UPTO 25-10-2016.

P3   TRUE COPY OF THE CERTIFICATE ISSUED BY  POLLUTION CONTROL BOARD
     VALID UPTO 30-06-2017.

P4   TRUE COPY OF THE CHELLAN 05-12-2016.

RESPONDENT(S)' EXHIBITS
-----------------------

     NIL.

                                              / TRUE COPY /


                                              P.S. TO JUDGE
PJ



                  P.B.SURESH KUMAR, J.

               -----------------------------------

                W.P.(C)No. 23341 of 2016

        ------------------------------------------------
          Dated this the 20th day of July, 2016


                          JUDGMENT

The grievance of the petitioner in the writ petition is that Ext.P1 licence issued to her under the Explosives Rules, 2008, as renewed from time to time, is not being renewed after 31.3.2016. The petitioner seeks direction to the first respondent to renew Ext.P1 licence forthwith.

2. The learned Government Pleader, on instructions, submits that a few complaints have been received by the police against the activities of the petitioner and it is on account of the said reason, the licence granted to the petitioner is not being renewed.

3. I am afraid, the explanation offered by the respondents, for not renewing the licence granted to the W.P.(C)No. 23341 of 2016 2 petitioner under the Explosives Rules, cannot be accepted. If the petitioner is eligible to get her licence renewed in accordance with the provisions contained in the Explosive Act and the Rules made thereunder, the licence issued to the petitioner has to be renewed.

In the circumstances, the writ petition is disposed of directing the first respondent to renew Ext.P1 licence forthwith.

Sd/-

P.B.SURESH KUMAR, JUDGE.

smm

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