K Ramachandran Vs the Commissioner

2025:KER:29452

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WP(C) NO. 12453 OF 2025

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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 T.R.RAVI

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FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

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WP(C) NO. 12453 OF 2025

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PETITIONER:

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K RAMACHANDRAN
AGED 64 YEARS
KUNNATH HOUSE, S/O.KRISHNAN, MELATTUR PO,
MALAPPURAM DISTRICT, PIN – 679326.

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BY ADVS.

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K.MOHANAKANNAN
ADARSH MOHAN K.

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RESPONDENTS:

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1 THE COMMISSIONER LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE THE ZOO, VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN – 695033.

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2 THE DISTRICT COLLECTOR, CONFERENCE HALL, COLLECTRATE ROAD, UP HILL, MALAPPURAM, KERALA, PIN – 676505.

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3 THE ADDITIONAL DISTRICT MAGISTRATE CONFERENCE HALL, COLLECTRATE ROAD, UP HILL, MALAPPURAM, KERALA, PIN – 676505.

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2025:KER:29452

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WP(C) NO. 12453 OF 2025

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4 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, UP HILL POST, MALAPPURAM, PIN – 676505.

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5 THE DISTRICT FIRE OFFICER FIRE AND RESCUE STATION, MUNDUPARAMBA, SH 71, OPP. FIRE STATION, MUNDUPARAMBA, MALAPPURAM, PIN – 676509.

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6 THE TAHSILDAR TALUK OFFICE PERINTHALMANNA, FIRST FLOOR, SHORNUR-PERINTHALMANNA RD, SHANTI NAGAR, PERINTHALMANNA, KERALA, PIN – 679322.

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7 THE VILLAGE OFFICER, MELATTUR VILLAGE OFFICE, MELATTUR, MALAPPURAM, PIN – 67932.

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SMT. DEEPA NARAYANAN, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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2025:KER:29452

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WP(C) NO. 12453 OF 2025

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.12453 of 2025

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Dated this the 04^th day of April, 2025

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JUDGMENT

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The petitioner has challenged Ext.P6 whereby his application for an LE-5 licence for sale of fireworks has been rejected. The only ground stated is that the petitioner has not produced the consent of the neighbours. The Explosives Act and Rules do not specify such a condition for grant of an LE-5 licence. The documents that are to be produced have been prescribed in the Rules which does not include consent from the neighbours. If the requirements under the Rules are met regarding the shop and its infrastructure, there is no reason why the licence should be rejected on the ground of not obtaining consent from the neighbours.

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In the above circumstances, this writ petition is

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2025:KER:29452

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WP(C) NO. 12453 OF 2025

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allowed and Ext.P6 is set aside. There will be a direction to the 2^nd respondent to reconsider the application for explosives licence filed by the petitioner without insisting on the consent of the neighbours. Necessary orders shall be issued within two weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

mpm

2025:KER:29452

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WP(C) NO. 12453 OF 2025

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APPENDIX OF WP(C) 12453/2025

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE COMMUNICATION DATED
22-1-2025 ISSUED BY THE 2 ND RESPONDENT
WITH TYPED COPY.

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Exhibit P2TRUE COPY OF THE NOC ISSUED BY THE
DISTRICT FIRE OFFICER, MALAPPURAM DATED
14-2-2025.
Exhibit P3TRUE COPY OF THE LETTER OF THE TAHSILDAR
DATED 7-3-2025 WITH ANNEXURES.
Exhibit P4TRUE COPY OF THE ON-LINE RECEIPT DATED
4-3-2025 FROM THE KERALA TREASURY.
Exhibit P5TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 19-3-2025 WITH TYPED
COPY.
Exhibit P6TRUE COPY OF THE PROCEEDINGS NO.DCMPM
/1174/2025 /E7 DATED 21-3-2025 ISSUED BY
THE 3 RD RESPONDENT.
Exhibit P7TRUE COPY OF THE ACKNOWLEDGMENT FOR
RECEIPT OF MONEY OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT II PERINTHALMANNA
DATED 04.03.2025.

K Ramachandran v. the Commissioner

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K Ramachandran v. the Commissioner

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