The petitioner is the owner of a large extent of land situated in Sy. No.47/6-1 of Vengoor Village in Kunnathunadu Taluk, Ernakulam District. With a view to start a quarry and to establish a crusher unit in his lands, he submitted Ext.P2 application before the Additional District Magistrate for the grant of an LE-3 licence under the Explosive Rules, 2008. On that application, the District Collector passed Ext.P3 order informing the petitioner that he should obtain the prior permission of the Joint Chief Controller of Explosives, Chennai before applying for NOC to establish a magazine. The petitioner was called upon to resubmit the application after obtaining the prior sanction of the Joint Chief Controller of Explosives, Chennai. In this writ petition the petitioner challenges Ext.P3 and seeks direction to the first respondent to consider Ext.P2 application and pass orders thereon without insisting on the production of prior sanction from the Joint Chief Controller of Explosives, Chennai. The petitioner contends that under the provisions of the Explosives Rules, 2008 the District Collector is also a licensing authority and that prior permission of the Joint Chief Controller of Explosives, Chennai is not required for passing orders on Ext.P2 application.
