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Kerala High Court

Shijo T. Paul vs Deputy Chief Controller Of Explosives on 10 April, 2025

Author: T.R.Ravi

Bench: T.R.Ravi

WP(C) NO. 15277 OF 2025

                                  1

                                                      2025:KER:31521
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

    THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947

                       WP(C) NO. 15277 OF 2025

PETITIONER:

          SHIJO T. PAUL
          AGED 50 YEARS
          S/O. PAULOSE, RESIDING AT THURUTHIYIL HOUSE,
          PULUVAZHY P.O., MALAMURI, PERUMBAVOOR,
          ERNAKULAM DISTRICT, PIN - 683 541

          BY ADV BINU PAUL


RESPONDENTS:

    1     DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
          PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO),
          KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM., PIN - 682 037

    2     ADDITIONAL DISTRICT MAGISTRATE
          CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN -
          682030


          SMT. DEVISHREE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15277 OF 2025

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                                                          2025:KER:31521


                        T.R.RAVI.J
            ---------------------------------------
                WP(C) No.15277 of 2025
            ---------------------------------------
          Dated this the 10th day of April, 2025

                            JUDGMENT

The petitioner has preferred Ext.P2 application for LE-3 license which needs to be processed according to the petitioner, taking into account Exts.P5 and P8. The application was not considered for the reason that Exts.P5 and P8 were to be forwarded online by the 2nd respondent and not by the petitioner.

In the above circumstances, this writ petition is disposed of directing the 2nd respondent to forwarded Exts.P5 and P8 online to the 1st respondent within ten days from today. The 1 st respondent shall on receipt of Exts.P5 and P8 from the 2 nd respondent, consider and pass orders on Ext.P2 application, after hearing the petitioner, at the earliest, at any rate within one month from the date of receipt of the documents.

Sd/-

T.R.RAVI sn JUDGE WP(C) NO. 15277 OF 2025 3 2025:KER:31521 APPENDIX OF WP(C) 15277/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE NO. 22/2019 DATED 17.06.2019 ISSUED BY THE 2 ND RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF THE APPLICATION NO. 93282 DATED 11.07.2023 SUBMITTED BEFORE THE 1 ST RESPONDENT Exhibit P3 THE TRUE COPY OF FORMAT PRESCRIBED UNDER THE NEW GUIDELINES OF PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) DATED 09.01.2019 Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 37392 OF 2024 DATED 09.12.2024 Exhibit P5 THE TRUE COPY OF THE N.O.C NO. 22/2019 ISSUED BY THE 2ND RESPONDENT DATED 28.03.2025 Exhibit P6 THE TRUE COPY OF FRESH APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT ALONG WITH EXT P5 N.O.C AND EXT P7 DRAWING DATED 01.04.2025 Exhibit P7 THE TRUE COPY OF THE LETTER DATED 03.04.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P8 THE ENDORSED DRAWING DATED 25.07.2018 /DRAWING APPROVED BY THE 2ND RESPONDENT