Dismissed

M/S. Chithara Crusher Metals v. Deputy Chief Controller of Explosives

Kerala HC11 Mar 2024WP(C)/2365/2024

Case brief

AI extract

What is this about?

The Court directed respondents 2 and 3 to remove 100 kgs of class-2 explosives and detonators from the petitioner's magazine within one month of receiving the judgment copy, followed by appropriate defusal or destruction steps in consultation with the First Respondent.

What did the court decide?

Direction to respondents 2 and 3 to remove explosives within one month and defuse/destroy them in consultation with respondent 1.

M/S. Chithara Crusher Metals Vs Deputy Chief… — Pension and Retirement Benefits | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 11^TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945

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WP(C) NO. 2365 OF 2024

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PETITIONER:

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M/S. CHITHARA CRUSHER METALS AGED 70 YEARS MANCODU P.O, KOLLAM REPRESENTED BY ITS MANAGING PARTNER SRI. M. ABBAS, PIN - 691559

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BY ADVS. ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE LEO LUKOSE KAROL MATHEWS SEBASTIAN ALENCHERRY DERICK MATHAI SAJI KARAN SCARIA ABRAHAM

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RESPONDENTS:

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1 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION (PESO), C 2-IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM, PIN - 682021

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2 THE STATION HOUSE OFFICER CHITHARA POLICE STATION, VALAVUPACHA, KOLLAM, PIN - 691559 3 THE STATION HOUSE OFFICER, KADAKKAL POLICE STATION, KADAKKAL, KOLLAM, PIN - 691536 BY ADV.MANU S.DSG OF INDIA

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BY ADV.DEEPA NARAYANAN, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NO.2365/2024

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JUDGMENT

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Dated this the 11^th day of March, 2024

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Petitioner has approached this Court seeking the

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following reliefs :

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“i. Issue a writ of mandamus or other appropriate writ, order or direction directing the first respondent to take necessary steps for disposal of the explosives stored in the explosive magazine of the petitioner and dismantling of the explosive magazine thereafter.

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ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the third respondent to remove the explosives stored in the petitioner's explosive magazine as per Ext.P2.

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iii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.”

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The first relief sought for by the petitioner is for a direction to the first respondent to take necessary steps for disposal of the explosives stored in the explosive magazine of the petitioner and dismantling of the explosive magazine thereafter. The first respondent has filed a statement dated 05.03.2024 wherein in paragraph No.5 it is stated that 100 kgs. of class-2 explosives and 350 numbers

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WP(C)NO.2365/2024

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of electric delay detonators kept in the magazine of one V.Babu, the Managing Partner of the petitioner firm, were destroyed by an officer on 03.02.2024 and destruction letter dated 07.02.2024 has also been issued to the Managing Partner of the petitioner. The second relief sought for by the petitioner is for a direction to the third respondent to remove the explosives stored in the petitioner's explosive magazine as per Ext.P2. The first respondent also states that no request for destruction of seized explosives kept in the magazine of Sri.V.Babu was received by the Deputy Chief Controller of Explosives from respondents 2 and 3 till date.

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Learned Government Pleader upon instructions from the third respondent submits that the explosives now kept in the magazine is involved in Crime No.663 of 2016 and for diffusing the explosives, an application was submitted before the Judicial First Class Magistrate Court, Kadakkal and the Court in petition No.720/26 passed an order on the same and has forwarded the said order to the Chief Controller of Explosives and that the Chief Controller

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of Explosives has not taken any steps to defuse the explosives kept in the magazine of the petitioner. The instruction submitted by the learned Government Pleader does not contain the details regarding the nature of the order passed by the jurisdictional Magistrate.

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Whatever that be petitioner cannot be put to difficulties as the explosives are stored pursuant to Ext.P2 letter and petitioner has no involvement in the above said the crime.

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Therefore, there will be a direction to respondents 2 and 3 to see that the explosives kept in the magazine of the petitioner as per Ext.P2 is removed within a period of one month from the date of receipt of a copy of this judgment and thereafter take appropriate steps to defuse/destroy the explosives in consultation with the first respondent and as per the direction issued by the jurisdictional Magistrate Court.

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Writ Petition is disposed of as above.

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SD/-

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VIJU ABRAHAM JUDGE

csl

APPENDIX OF WP(C) 2365/2024

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY	OF THE EXP	LOSI	VE L	ICENSE
	DATED 21	.11.2017	VAL	ID	TILL
	31.03.2022 RESPONDENT	ISSUED TO THE PETI	BY TION	THE ER.	1ST
Exhibit P2	TRUE COPY 23.04.2016 RESPONDENT.	OF THE ISSUED	NOT BY	ICE THE	DATED 3RD
Exhibit P3	TRUE COPY	OF THE	LET	TER	DATED
	28.06.2022	SUBMITT	ED	BY	THE
	PETITIONER RESPONDENT.	BEFORE		THE	1ST
Exhibit P4	TRUE COPY	OF THE	LET	TER	DATED
	02.05.2023	SUBMITT	ED	BY	THE
	PETITIONER ALONG WITH 2ND RESPOND	BEFORE THE THE RECEIP ENT.	2ND T ISS	RESP UED	ONDENT BY THE

M/S. Chithara Crusher Metals v. Deputy Chief Controller of Explosives

Case brief

What is this about?

What did the court decide?

M/S. Chithara Crusher Metals v. Deputy Chief Controller of Explosives

Case brief

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What did the court decide?

What the court decided

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