Petitioner sought writs to relocate an explosives godown from reserve forest and cancel a license. Court dismissed the writ as no further orders were required after respondents filing a counter affidavit stating licenses were cancelled.
No relief granted. Writ petition dismissed as no further orders required after Counter Affdavit.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 39158 OF 2018
PETITIONER:
ANTONY VARKEY, AGED 50 YEARS S/O.VARKEY, CHETTOOR HOUSE, PLAMUDI.P.O., KOTTAPADY, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 692.
BY ADVS. PRAMOD KOCHUTHOMMEN.E. SRI.JASON VENGATTU JOHNY
RESPONDENTS/RESPONDENTS:
DIVISIONAL FOREST OFFICE, MALAYATTOOR DIVISION, KODANAD.P.O., ERNAKULAM DISTRICT, PIN-683 544.
W.P.(C) No. 39158/2018 : 2 :
R4 & R5 BY ADV SMT.C.G.PREETHA, CGC R1-R3, R6 & R8 BY SRI. NAGARAJ NARAYANAN, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 39158/2018
: 3 :
Dated this the 7th day of September, 2021.
JUDGMENT
S. MANIKUMAR,CJ.
Instant writ petition is filed for the following reliefs:
W.P.(C) No. 39158/2018 : 4 :
E/HQ/KL/21/85(E68559) and hence both the licences have been cancelled as per Rule 118(1)(II) of Explosives Rules, 2008. However, before cancellation of the NOC by the District Magistrate, the Chief Controller of Explosives, Nagpur had transferred the licence to M/s. V.K Agencies, Proprietor, V. Binu, S/o. Shri. Vishwambharam, Vattakaithyil Veedu, Sival Koil Road, Punalur P.O., Kollam District by order dated 18.09.2018 as per Rule 108 of the Explosives Rules, 2008.
In view of the above, we find that no further orders are required in this writ petition. Placing on record the statement filed by respondents 4 and 5 and the submission of the learned Special Government Pleader, this writ petition is dismissed.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/- SHAJI P. CHALY,
JUDGE.
Rv
W.P.(C) No. 39158/2018 : 5 :
APPENDIX OF WP(C) 39158/2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE APPLICATION DATED 1.8.2018 UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 5TH RESPONDENT. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE REPLY OF THE 4TH RESPONDENT DATED 24.9.2018. |
| EXHIBIT P3 | THE TRUE COPY OF THE LICENSE NO.E/HQ/KL/21/49(E29079) DATED 5.4.2017 ISSUED IN FAVOUR OF THE 7TH RESPONDENT BY THE 5TH RESPONDENT. |
| EXHIBIT P4 | THE TRUE COPY OF THE INSPECTION REPORT OF LICENSE NO.E/HQ/KL/21/49/(E29079) DATED 04.05.2006. |
| EXHIBIT P5 | THE TRUE COPY OF THE LICENSE NO.E/HQ/KL/21/185 (E68559) DATED 17.3.2015 ISSUED IN FAVOUR OF THE 7TH RESPONDENT BY THE 5TH RESPONDENT. |
| EXHIBIT P6 | THE TRUE COPY OF THE INSPECTION REPORT OF LICENSE NO.E/HQ/KL/21/185 (E68559) DATED 02.02.2013 ISSUED IN FAVOUR OF THE 7TH RESPONDENT BY THE 5TH RESPONDENT. |
| EXHIBIT P7 | THE TRUE COPY OF THE LETTER NO.B-10649/2017 DATED 10.1.2018 ISSUED BY 1ST RESPONDENT TO THE 5TH RESPONDENT. |
| EXHIBIT P8 | THE TRUE COPY OF THE REPRESENTATION DATED 7.11.2018 SENT TO THE 5TH RESPONDENT. |
| EXHIBIT P9 | THE TRUE COPY OF THE POSTAL RECEIPT DATED 13.11.2018 EVIDENCING SENDING OF EXHIBIT P8 REPRESENTATION. |
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS To Judge.
rv
Antony Varkey
Divisional Forest Officer, Malayattoor Division
Forest Range Officer, Kodanad Forest Range
Deputy Forest Range Officer, Mekkapala Forest Station
Controller of Explosives (Addl. R9 & R10)
Distinct Collective
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
