Petitioner aggrieved by cancellation of fireworks license filed writ petition seeking direction to dispose of appeal filed with Additional 5th Respondent. Court directed disposal with hearing opportunity within two months.
Direction to Additional Respondent No.5 to dispose of appeal within two months after affording opportunity of hearing.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942
WP(C).No.20411 OF 2020(B)
PETITIONER:
R. RUBY PEEDIKAYIL HOUSE, ERIKKAVU, KARTHIKAPPALLY, ALAPPUZHA DISTRICT-690 516
BY ADVS. SRI.V.MADHUSUDHANAN SRI.M.SREEBHADRAN
RESPONDENTS:
1 THE DISTRICT MAGISTRATE ALAPPUZHA-688 001.
R5 IS IMPLEADED AS PER ORDER DATED 12-10-2020 IN IA.NO. 1/2020.
SPL.GP .SRI.N.MANOJ KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20411 OF 2020(B) 2
JUDGMENT
Dated this the 12th day of October 2020
Aggrieved by Ext.P5 order passed by
the 2nd respondent cancelling the licence
granted to the petitioner for manufacture of
fireworks, he has submitted Ext.P7 appeal (produced along with I.A.No.2 of 2020) before
the additional 5th respondent under Rule 121 of the Explosives Rules,2008. The only relief sought in the Writ Petition is for a direction for disposal of the appeal.
Accordingly, the Writ Petition is
disposed of with a direction to the additional respondent No.5 to consider and pass orders on Ext.P7 appeal in accordance with law after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a copy of the judgment. It is made clear that the hearing can be held through electronic mode.
Sd/-
P.V.ASHA
JUDGE
Sn
WP(C).No.20411 OF 2020(B) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE LICENSE GRANTED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE MANUFACTURE OF FIREWORKS |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE ORDER NO KDIS/1588/16/N-4 DATED 7.6.2016 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P3 | A TRUE COPY OF THE JUDGMENT DATED 14.8.2017 IN WPC NO 28527 OF 2016 OF THIS HON'BLE COURT |
| EXHIBIT P4 | A TRUE COPY OF THE NO OBJECTION CERTIFICATE NO-B1 807/18 DATED 24.4.18 ISSUED BY THE 3RD RESPONDENT |
| EXHIBIT P5 | A TRUE COPY OF THE ORDER NO DCALP/4295/2019- N4 DATED 8.4.2020 ISSUED BY 2ND RESPONDENT |
| EXHIBIT P6 | A TRUE COPY OF APPEAL DATED 12.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT |
| EXHIBIT P7 | TRUE COPY OF THE APPEAL DATED 30/09/20 FILED BY THE APPLICANT BEFORE THE LAND REVENUE COMMISSIONER. |
| EXHIBIT P8 | TRUE COPY OF THE POSTAL RECEIPT DATED 30.09.20 |
| RESPONDENT'S/S E | XHIBITS: NIL |
| Sn | |
| //TRUE COPY// PA TO JUDGE |
1 issue framed by the court
Whether the petitioner is entitled to a direction for disposal of the appeal filed by the petitioner before the Additional 5th Respondent.
1 provisions across 1 enactments
R. Ruby Peddikayil
The District Magistrate Alappuzha
The Additional District Magistrate, Alappuzha
The Divisional Officer, Fire and Rescue Service, Kottayam
Kumarapuram Grama Panchayath
Land Revenue Commissioner
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
