Kerala High Court
M. Abbas vs Deputy Chief Controller Of Explosives on 27 October, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023/5TH KARTHIKA, 1945
WP(C) NO. 26252 OF 2023
PETITIONER:
M. ABBAS
AGED 69 YEARS
S/O. MEERA SAHIB, A.R. VILLA,
SIDEWALL, MANCODU P. O.,
CHITHARA, KOLLAM, PIN - 691 559.
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
RESPONDENTS:
1 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION (PESO),
C 2-IIIRD FLOOR, CGO COMPLEX,
KAKKANAD, ERNAKULAM,
PIN - 682 021.
2 THE DIRECTOR OF MINING & GEOLOGY
DIRECTORATE OF MINING & GEOLOGY,
PATTOM P.O, THIRUVANATHAPURAM,
PIN - 695 004.
3 THE GEOLOGIST
MINING AND GEOLOGY DEPARTMENT,
DISTRICT OFFICE, KOLLAM,
PIN - 691 008.
BY ADV SRI.GIRISH KUMAR V. - CGC
SRI. BIMAL K. NATH - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.26252 OF 2023
2
JUDGMENT
The petitioner was granted Ext.P1 explosive licence for the purpose of establishing an explosive magazine for quarrying operations. The licence was valid up to 31.03.2022. The petitioner submitted an application for renewal of Ext.P1 licence. Along with the application, the petitioner produced Ext.P3 Letter of Intent (LoI) issued by the 2 nd respondent for grant of quarrying lease. Ext.P3 LoI provides that the quarrying lease will be issued only on production of other statutory licences, including an explosive licence. On receipt of the application for renewal of explosive licence, the 1st respondent issued Ext.P2 letter requiring the petitioner to forward a valid permit from the Department of Mining and Geology. The petitioner states that, in view of the conditions stipulated in Ext.P3, he will be in a position to produce the quarrying lease only on production of explosive licence. Accordingly, the petitioner has approached this Court WP(C).No.26252 OF 2023 3 for a direction to the 1st respondent to renew Ext.P1 explosive licence of the petitioner on the basis of Ext.P3 LoI.
2. A statement has been filed on behalf of the 1st respondent wherein, it is stated that the said respondent has not denied renewal of licence and never questioned the validity of LoI and the application of the petitioner for renewal of explosive licence has been kept in abeyance for want of quarrying permit/lease to ensure the bonafide use of explosives. It is stated that instead of submitting quarrying lease, the petitioner has submitted LoI issued in 2016 and no reason is forthcoming for not obtaining a quarrying lease after lapse of seven years and it appears to them that the quarrying lease is not issued for some other reasons.
3. Relying on Ext.P4 information received from the 3rd respondent-District Geologist under the Right to WP(C).No.26252 OF 2023 4 Information Act, 2005, the learned counsel for the petitioner submits that there is no statutory stipulation as to the period of validity of LoI. The said communication is also relied on to content that only on production of statutory licences mentioned in LoI, quarrying permit will be issued.
4. Ext.P3 is LoI for grant of quarrying lease. As per the LoI, quarrying lease will be issued on production of explosives licence and other statutory licences. Only on production of the explosive licence and other statutory licences referred to in the LoI, the application for quarrying lease will be processed further. Being so, explosive licence is a pre-requisite for issuance of quarrying lease. Therefore, for the purpose of renewal of explosive licence, quarrying permit/lease cannot be insisted.
5. Since it is stated by the 1st respondent that the quarrying lease is insisted only to ensure the WP(C).No.26252 OF 2023 5 bonafide use of explosives, there cannot be any impediment in renewing the application for explosive licence, if all other statutory requirements are complied with. The concern expressed by the 1 st respondent regarding non issuance of quarrying permit after lapse of seven years after obtaining the LoI is a matter to be considered by the authority empowered to issue quarrying permit/lease. Accordingly, there will be a direction to the 1st respondent to consider the application of the petitioner for renewal of explosive licence on the basis of Ext.P3 and other relevant documents, without insisting for quarrying permit/lease.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.26252 OF 2023 6 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE EXPLOSIVE LICENSE NO.
E/SC/KL/22/1023(E46820) DATED 14.12.2017 VALID TILL 31.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE LETTER NO.
E/SC/KL/22/1023(E46820) DATED 06.04.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER .
EXHIBIT P3 TRUE COPY OF THE LETTER OF INTENT NO.
3889/M3/2016 DATED 11.07.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPLY NO.
DOKOL-DMG/1027/2023-E DATED 26.06.2023 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENTS ANNEXURES:-
ANNEXURE R1(a) TRUE COPY OF THE PERMIT NO.11/2014-15/MM/GBS/CRPS/DOQ/ S2/168/2014 DATED 08.04.2014.