Kerala High Court
P.M. Store vs The Secretary, Chengalayi Grama ... on 21 August, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 3235/2024
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2024:KER:64069
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF AUGUST 2024 / 30TH SRAVANA, 1946
WP(C) NO. 3235 OF 2024
PETITIONER:
P.M. STORE,
196/A, KOODATHAI BAZAAR (P.O.),
THAMARASSERY, KOZHIKODE, KERALA
REPRESENTED BY ITS MANAGING PARTNER,
P.M.HAMZA, PIN - 673573
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 THE SECRETARY, CHENGALAYI GRAMA PANCHAYAT,
CHENGALAI P.O., KANNUR, PIN - 670631
2 CHENGALAI GRAMA PANCHAYAT,
CHENGALAYI P.O., KANNUR,
REPRESENTED BY ITS SECRETARY, PIN - 670631
3 THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE,
COLLECTORATE ROAD, THAVAKKARA,
KANNUR, PIN - 670002
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 3235/2024
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2024:KER:64069
JUDGMENT
The petitioner is a partnership firm engaged in the business of storing and selling explosives. The petitioner, to establish explosive Magazines, obtained lease from the land owners and thereafter submitted Ext.P2 application before the respondent No.3 for license to possess and sell Class 6 and Div.3 explosives from a Magazine, which is proposed to be established in his property. The respondent No.3 thereafter called for reports from Revenue, Fire, Police and decision of the Grama Panchayat in the matter of granting NOC as contemplated under Rule 103 of the Explosive Rules, 2008 (for short, 'the Rules'). The Revenue, Fire and Police departments have submitted their respective reports recommending for the grant of NOC as evident from Exts.P5, P6, P7 and P8. However, the respondent No.2 took a decision, holding that no NOC need to be given for establishing the Magazine, for the reason that there are no functional quarries in the Panchayat area and the local people have objections in establishing the Magazine. Ext.P10 is the decision taken by the respondent No.2. This writ petition has been filed challenging Ext.P10 and the direction of the respondent No.3 calling for a decision from the respondent No.2 W.P.(C) No. 3235/2024 ..3..
2024:KER:64069 by Ext.P4.
2. I have heard Sri.Philip J. Vettickattu, the learned counsel appearing for the petitioner and Smt.Deepa V., the learned Government Pleader.
3. Sri.Philip J. Vettickattu, the learned counsel for the petitioner, relying on Rule 103 of the Rules, submitted that the direction of the respondent No.3 in Ext.P4 to the respondent No.1 to get a decision from the respondent No.2 is ultra vires to the Rules and without jurisdiction. I find some force in the said argument. A perusal of Rule 103(3) of the Rules would show that it does not call for obtaining of any decision/consent from Panchayat/local authority as part of enquiry contemplated under the said provision. This Court in Soman v. Additional District Magistrate [2024 KLT OnLine 1819] has held that, No Objection Certificate from the Panchayat is not contemplated for license to establish a Magazine under Rule 103(3) of the Rules. The respondent No.3 cannot ask for a decision from the respondent No.2. Hence, Ext.P10 decision taken by the respondent No.2 is hereby set aside. The respondent No.3 is directed to dispose of Ext.P2 application in the light of Exts.P5 to P8 ignoring Ext.P10, in W.P.(C) No. 3235/2024 ..4..
2024:KER:64069 accordance with law, within a period of six weeks from the date of receipt of a copy of this judgment.
The writ petition is allowed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE APA W.P.(C) No. 3235/2024 ..5..
2024:KER:64069 APPENDIX OF WP(C) 3235/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN PETITIONER AND THE OWNERS OF THE LAND, DATED 28/03/2023 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF APPLICATION FOR THE EXPLOSIVE LICENSE SUBMITTED BY THE PETITIONER BEFORE THE COMPETENT AUTHORITY, DATED 13/03/2023 EXHIBIT P3 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE COMPETENT AUTHORITY APPROVING THE DESIGN OF THE MAGAZIN PROPOSED TO BE ESTABLISHED IN THE LEASED LAND, DATED 14/03/2023 EXHIBIT P4 TRUE COPY OF THE LETTER DATED 14/06/2023 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005 EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED BY THE DISTRICT POLICE SUPERINTENDENT, DATED 18/12/2023 WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005 EXHIBIT P6 TRUE COPY OF THE NOC ISSUED BY THE DISTRICT FIRE OFFICER BEARING NO. DFOKNR/1588/2023-F DATED 21-09- 2023 WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005 EXHIBIT P7 TRUE COPY OF THE REPORT SUBMITTED BY TAHSILDAR BEARING NO.TOTLPB/1845/2023-K1 DATED 05/09/2023 WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005 EXHIBIT P8 TRUE COPY OF THE ADDITIONAL REPORT SUBMITTED BY TAHSILDAR BEARING NO. TOTLPB/1845/2023/K1 DATED 30- 11-2023 WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005 EXHIBIT P9 TRUE COPY OF THE COVERING LETTER ISSUED BY THE 1 ST RESPONDENT DATED 13/10/2023 TO THE 3 RD RESPONDENT, WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005 EXHIBIT P10 TRUE COPY OF THE DECISION TAKEN BY THE 2ND RESPONDENT BEARING NO.207/23(1) DATED 23/08/2023 WHICH IS OBTAINED UNDER THE PROVISION OF RTI ACT 2005