KINALLUR ROCK STND Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash Ext.P2 order of the 3rd respondent-Additional District Magistrate and to direct the District Collector and the Additional District Magistrate to issue NOC as applied for by the petitioner as per Ext.P1.

(2.) The petitioner submitted an application for grant of NOC for setting up an explosive magazine. The application submitted under the Explosives Rules, 2008 has been rejected on the sole ground that the property wherein the magazine is to be established, is a plantation which was exempted from cealing proceedings under the Kerala Land Reforms Act, 1963.

(3.) The petitioner would submit that with an intention to establish a quarrying unit in 4.0558 Hectares of property in Re-Survey No.109 of Kinallur Village, Kozhikode, the petitioner applied for and was granted a Letter of Intent on 09.05.2018 by the Director of Mining and Geology under the Kerala Minor Mineral Concession Rules, 2015. Thereafter, the petitioner applied for NOC of the 3 rd respondent under the Explosives Rules, 2008.