Kerala High Court
Shaji vs State Of Kerala on 14 June, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938
WP(C).No. 39250 of 2016 (E)
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PETITIONER(S):
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SHAJI,
AGED:37 YEARS, S/O VISWAN PILLAI, ALUNKAL,
KULASEKHARAMANGALAM PO, VAIKOM,
KOTTAYAM DISTRICT.
BY ADVS.SRI.JOSEPH RONY JOSE
SRI.E.A.JOSE
SMT.JYOTHI ABRAHAM
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT-695001.
2. THE DISTRICT COLLECTOR,
ALAPPUZHA, DISTRICT COLLECTORATE,
ALAPPUZHA DISTRICT.
3. ADDITIONAL DISTRICT MAGISTRATE ALLEPPEY,
OFFICE OF THE ADDITIONAL DISTRICT
MAGISTRATE, ALLEPPEY - 688001.
4. THE TAHSILDAR,
CHERTHALA, OFFICE OF THE TAHSILDHAR,
CHERTHALA, ALLEPPEY DISTRICT-688524.
5. THE DISTRICT POLICE CHIEF ALLEPPEY,
OFFICE OF THE DISTRICT POLICE CHIEF,
ALLEPPEY DISTRICT-688001.
BY SR.GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 39250 of 2016 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 PHOTOSTAT COPY OF THE ORDER PASSED BY 3RD RESPONDENT DATED
14/6/2016 REJECTING THE RENEWAL APPLICATION
P2 PHOTOSTAT COPY OF THE CHALAN RECEIPT DATED 29/2/2016
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
SHAJI P. CHALY, J.
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W.P.(C)No.39250 of 2016
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Dated this the 19th day of December, 2016
J U D G M E N T
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Petitioner is a resident of Kulasekaharamangalam in Kottayam District, running a small scale cracker manufacturing unit in Thaikattusseri Village in survey numbers 196/2, 198/5-2, 198/5-1. Petitioner was having explosive licence for the year 2015. However, when applied for renewal, same was declined as per Ext.P1 order, on the ground that the access road to the property in which the unit is functioning is not having a width of 7 meter as per the amended provisions of the Kerala Panchayat Building rules. According to the petitioner, approached road is having the required width as per the amendment and therefore Ext.P1 order is passed by the 3rd respondent without taking note of the exact factual situations. It is also stated that, if an inspection is conducted by the 3rd respondent, it will be evident that the access road has compliance with the amendment W.P.(C)No.39250 of 2016 2 made to the Kerala Panchayat Building Rules. It is thus seeking to quash Ext.P1 and other related reliefs, this writ petition is filed.
2. Heard learned counsel for the petitioner, learned Government Pleader and perused the documents on record and pleadings put forth by the petitioner.
3. Since petitioner has a case that, the access road is having a width of 7 meters, it is only appropriate that a direction is issued to the 3rd respondent to reconsider the application submitted by the petitioner, in order to ascertain the factual situations pointed out by the petitioner. According to the petitioner, no such exercise was undertaken by the 3rd respondent before passing Ext.P1 order.
4. In that view of the matter, I set aside Ext.P1 and direct the 3rd respondent to reconsider the renewal application submitted by the petitioner, after conducting an inspection of the access road in question, and if the access road is having the prescribed width as per the amended rules, I do not find any reason why the W.P.(C)No.39250 of 2016 3 application for renewal is rejected by the 3rd respondent and attain a finality within a month from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE.
rmm/22/12/2016 [ True copy] P.A. to Judge