Kerala High Court
D.Santha vs The Additional District Magistrate on 17 October, 2008
Author: V.Giri
Bench: V.Giri
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29685 of 2008(H)
1. D.SANTHA, PUTHUVAL PUTHEN VEEDU,
... Petitioner
Vs
1. THE ADDITIONAL DISTRICT MAGISTRATE,
... Respondent
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :17/10/2008
O R D E R
V.GIRI, J
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W.P.(C).29685/2008
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Dated this the 17th day of October, 2008
JUDGMENT
Petitioner submits that he was granted a licence under Section 6B of the Explosives Act and Rule 155 of the Explosives Rules for manufacture of crackers etc., by the Deputy Chief Controller of Explosives, the competent authority, in the year 1987, as evidenced by Ext.P1. Same was being renewed from time to time. Petitioner submits that licensing powers have now been conferred on the District Magistrate as well, and an application for renewal of licence before the District Collector, who is also the District Magistrate according to him, has now been forwarded to the Additional District Magistrate. Ext.P4 is the representation submitted by the petitioner in this behalf. Petitioner submits that other authorities have, on enquiry, recommended the renewal of the licence.
2. I heard Mr.V.N.Achuthakurup, learned senior counsel for the petitioner and learned Government Pleader.
W.P.(C).29685/2008 2
3. In the circumstances, writ petition is disposed of directing the respondent to consider Ext.P4 and take appropriate decision thereon, within a period of four weeks from the date of receipt of a copy of this judgment. Respondent shall consider whether Ext.P4, the application for renewal of the licence under the Explosives Act and Rules, is maintainable before him and then take a decision on this aspect.
V.GIRI, Judge mrcs