M.M. SAID ANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, who is a registered dealer of ammonium nitrate, seeking for various directions. It is stated in the writ petition that he holds a licence that is valid till 31.03.2015 issued under Article 3(a) to (d) of Part I of Schedule IV of the Explosive Rules 2008. Ext.P1 is a copy of the said licence. Ext.P2 is a copy of the permit issued by the Malappuram Municipal Council and Ext.P3 is a copy of the certificate of registration under Rule 17(14) of the Kerala Value Added Tax Rules which is valid upto 31.03.2012 and the 1st respondent has promulgated new Rules namely, Ammonium Nitrate Rules, 2012. Ext.P4 is a copy of the relevant Rules.

(2.) ACCORDING to the petitioner, the petitioner has made an application to the 2nd respondent in the form prescribed under Part II of Schedule II of the Rules 2012 as envisaged under Rule 5 of the Rules (Ext.P5). Various documents have been produced along with the same and Ext.P6 is a copy of the acknowledgment card. According to the petitioner, under the proviso to Rule 5 of Ext.P4, the petitioner is allowed a period of six months to apply for a licence and a period of one year to comply with the provisions of the Rules. The reason for filing this writ petition stated in paragraph 6 is that respondents 3 to 5 have been obstructing the petitioner's business unit and are actively engaged in causing problems to the petitioner on the ground that the petitioner does not have the requisite licence under the Rules.

(3.) LEARNED Government Pleader has obtained written instructions from the 5th respondent as well as from the District Collector, Malappuram. In the written instructions furnished by the District Collector, Malappuram, it is stated that the petitioner has submitted an application in Form A3 which has been received on 13.09.2012. The new Ammonium Nitrate Rules 2012 have been notified only recently and as it is a new set of Rules Ammonium Nitrate and its licencing procedures to be adopted for processing the application under these Rules are yet to be determined for which no instructions have been received from the Government of Kerala or the Land Revenue Commissioner regarding the reports to be collected from the different agencies. It is stated that once a clear cut procedure is determined regarding the processing of the applications under the new Rules, the application of the petitioner will be considered properly.