The Court quashed an order rejecting a petitioner's application to establish an explosives magazine, admitting that the petitioner was not heard, as this violated natural justice principles.
Exhibit P11 order rejected is quashed; fresh orders to be passed within one month after affording hearing.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
TUESDAY, THE 31ST DAY OF JANUARY 2012/11TH MAGHA 1933
WPC.No. 259 of 2012 (F)
PETITIONER(S):
M/S.AMPADIYIL GRANITES, VALLICODE, KOTTAYAM P.O., PATHANAMTHITTA-689 656 REPRESENTED BY ITS PROPRIETOR, SRI.SADANANDAN.
BY ADVS.SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SMT.NISHA JOHN SRI.ENOCH DAVID SIMON JOEL SMT.TINA ALEX THOMAS
RESPONDENT(S):
1. DISTRICT COLLECTOR, PATHANAMTHITTA-689 645.
2. TAHSILDAR,
3. PADMAKUMAR,
4. MANOJ,
5. JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE,NO.140,RUKMINI LAXMIPATI ROAD, EGMORE,CHENNAI(TAMIL NADU)-600 008.
R1 & R2 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.259/2012 F
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
S. SIRI JAGAN, J.
W.P.(C) No.259 of 2012
Dated this the 31st day of January, 2012
JUDGMENT
The petitioner applied for a No Objection Certificate for establishing a Magazine for storing explosives, before the 1st respondent District Collector. That application has been rejected by Ext.P11. The petitioner challenges the same inter alia on the ground that before passing Ext.P11 order, the petitioner has not been given an opportunity of being heard. In view of that contention, I passed the following order on 20.1.2012:
“The learned Government Pleader shall get instructions as to whether the petitioner was heard before passing Ext.P11 order and if the petitioner has been so heard what is the evidence to prove the same. I am passing this order because in Ext.P11 it is specifically stated that respondents 3 & 4 have been heard and it is not stated that the petitioner has been heard. So unless the Government Pleader shows some evidence to show that the petitioner has been heard, I am inclined to interfere with Ext.P11 order.
Post after a week.”
On getting instructions, today the learned Government Pleader
frankly admits that the petitioner has not been afforded an opportunity of being heard before passing Ext.P11 order.
W.P.(C)No.259/12
2
month from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
acd
W.P.(C)No.259/12 3
W.P.(C)No.259/12 4
1 issue framed by the court
Whether the impugned order rejecting the application for a No Objection Certificate for an explosives magazine passed without hearing the petitioner violates the principles of natural justice.
M/S.AMPADIYIL GRANITES
DISTRICT COLLECTOR
TAHSILDAR
PADMAKUMAR
MANOJ
JOINT CHIEF CONTROLLER OF EXPLOSIVES
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
