LAWS(KER)-2024-6-242

SOMAN T N Vs. ADDITIONAL DISTRICT MAGISTRATE

Decided On June 14, 2024
Soman T N Appellant
V/S
ADDITIONAL DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) Petitioner is aggrieved by Ext.P9 order of the 1st respondent-Additional District Magistrate, which refused the petitioner's application to enhance the quantity of explosives, which he is licensed to store, vide Ext.P1, from 25 kilograms to 100 kilograms. Ext.P9 was issued on the basis of Exts.P6 and P7 documents, as per which, the District Police Chief, as also, the Panchayat have refused to issue 'No Objection Certificate' in enhancing the quantity of explosives to be stored, as sought for by the petitioner.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader appearing on behalf of the respondents.

(3.) The learned counsel for the petitioner would submit that in view of Rule 103(3)(b) of the Explosives Rules, 2008, there is no requirement of notice to the public for objection. Therefore, 'No Objection Certificate' from the Police Chief, as also, the Panchayat are not warranted as per law. The rejection of petitioner's request vide Ext.P9 solely relying on the refusal on the part of the District Police Chief and the Panchayat to issue 'No Objection Certificate' cannot therefore be sustained, is the submission made.