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K.Narayanan Vs District Collector — Kerala HC (2012) — LawSathi Research

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Kerala HC
2012
K.Narayanan Vs District CollectorK.Narayanan v. District Collector

Disposed

K.Narayanan v. District Collector

Kerala HC25 Jun 2012WP(C)/8110/2012

Case brief

AI extract

What is this about?

Held that the District Magistrate must decide the application for renewal of an explosive licence after a due enquiry within six weeks.

What did the court decide?

Direction to 2nd respondent to decide on renewal application after enquiry within six weeks.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

MONDAY, THE 25TH DAY OF JUNE 2012/4TH ASHADHA 1934

WP(C).No. 8110 of 2012 (K)

PETITIONER(S):

K.NARAYANAN, AGED 51 YEARS S/O.T.PARU, KAKKET HOUSE NILESHWAR VILLAGE, NOW RESIDING AT KARIVELLUR AMSOM.

BY ADVS.SRI.T.K.VIPINDAS

SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN

RESPONDENT(S):

1. DISTRICT COLLECTOR

KASARAGOD, P.O.VIDYANAGAR, PIN – 671 123.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to direct the District Magistrate to decide on the petitioner's application for renewal of explosive licence after due enquiry within six weeks.

Parties & counsel

AI extract

petitioner
K.NARAYANAN
respondent
DISTRICT COLLECTOR
respondent
ADDITIONAL DISTRICT MAGISTRATE
respondent
DISTRICT POLICE CHIEF
respondent
STATION HOUSE OFFICER
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 25 Jun 2012 · June
Registered: 29 Mar 2012
Case no.: WP(C)/8110/2012

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Cite this judgement

K.Narayanan v. District Collector, WP(C)/8110/2012 (KL), decided on 25 June 2012.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

T.R.RAMACHANDRAN NAIR

Parties & counsel

Outcome

Direction to 2nd respondent to decide on renewal application after enquiry within six weeks.

Issue for consideration

Whether to direct the District Magistrate to decide on the petitioner's application for renewal of explosive licence after due enquiry within six weeks.

Detailed headnote1 paragraphs

The Court directed the 2nd respondent, the District Magistrate, to take a decision on the petitioner's application for renewal of an explosive licence after conducting a due enquiry and communicate the decision within six weeks from the date of the judgment. The Writ Petition was disposed of accordingly.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

2. ADDITIONAL DISTRICT MAGISTRATE

KASARAGOD, P.O.VIDYANAGAR,PIN – 671 123.

3. DISTRICT POLICE CHIEF, KASARAGOD- 671 121.

4. STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD 671 121.

5. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM KOCHI - 682037.

R1 TO R4 BY GOVT.PLEADER SRI.MUHAMMED SHAH BY ADV. SRI.T.SANJAY, CGC BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

tss

W.P.(C) NO.8110/2012

APPENDIX

PETITIONER(S) EXHIBITS

EXT.P-1:- COPY OF THE CHALAN EVIDENCING THE REMITTANCE OF LICENSE FEE FOR RENEWAL OF EXPLOSIVE LICENSE NO.19/KAS DATED 8-11-2011.

EXT.P-2:- COPY OF THE COMMUNICATION DATED 00-12-2011 ISSUED BY THE 1ST RESPONDENT.

EXT.P-3: COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT TO THE JUDICIAL FIRST CLASS MAGISTRATE - I,HOSDURG DATED 4-7-2011.

EXT.P-4:- COPY OF THE ORDER DATED 9-8-2011 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE - I, HOSDRUG.

RESPONDENTS' EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

tss

T.R.RAMACHANDRAN NAIR, J.

--------------------------------------------------

W.P.(C)No.8110 Of 2012

-------------------------------------------------DATED THIS THE 25^th DAY OF JUNE, 2012

JUDGMENT

The petitioner, who is conducting business in Chinese Crackers, is seeking for a direction to consider his application for renewal of explosive licence. Exhibit P1 is the copy of the chalan evidencing remittance of the licence fee, for renewal of licence No.19/KAS.

The 2^nd respondent has issued a communication to the District Police Chief, Kasargode to provide no objection for the renewal of the licence. It appears that a crime was registered as Crime No.248/11 of Chandera Police Station on 25.3.2011, alleging that the petitioner was found in possession of 950.500 Kgs of Chinese crackers as against the permissible quantity of 400 Kgs. A report has been submitted by the 5^th respondent before the Judicial First Class Magistrate Court-I, Hosdurg as per Exhibit P2. It is the contention of the petitioner that Exhibit P3

will show that he had not stored hazardous explosives, even though the quantity exceeded the permissible limit. It is also

W.P.(C)No.8110 /12 -2-

stated that the permissible quantity of crackers have been directed to be released by the learned Magistrate as per Exhibit P4 order.

The petitioner has produced along with

I.A.No.8331/12, Exhibit P5, a further representation submitted in the matter before the 2^nd respondent. It is submitted that the delay in the matter is causing hardship to the petitioner.

It is upto the 2^nd respondent to take a decision with regard to the application for renewal of the licence after completing all the required legal formalities. Accordingly, there will be a direction to the 2^nd respondent to take a decision on Exhibit P5 and communicate the decision to the petitioner, after conducting due enquiry, within a period of six weeks from the date of production of a copy of this judgment along with a copy of the Writ Petition by the petitioner.

The Writ Petition is disposed of as above.

Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)

dsn

DEPUTY CHIEF CONTROLLER OF EXPLOSIVES

Coram

AI extract

T.R.RAMACHANDRAN NAIR

CNR

KLHC010501912012

Bench

T.r.ramachandran Nair

Disposal

DISPOSED OF

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