ADDITIONAL DISTRICT MAGISTRATE Vs. AUGUSTIN JOSEPH

JUDGEMENT

(1.) By this Appeal filed under Sec. 5 of the Kerala High Court Act, 1958, the Appellants/Respondents have challenged the judgment dtd. 11/7/2018 in W.P.(C) No. 32052 of 2017. The learned Single Judge by the impugned judgment, directed the Appellants to consider the application submitted by the Respondents/Petitioners for renewal of Explosives Licence and take a decision within six weeks.

(2.) The Appellants are the Additional District Magistrate, the Chairman, Taluk Land Board & Sub Collector, and the Geologist, Mining & Geology, Kozhikode. The Respondents in the Appeal are the Original Petitioners.

(3.) Petitioner No. 1 is the owner of a property in which Petitioner No. 2 is operating a quarry. The Petitioners, apart from holding other licenses, were also issued a licence by the Additional District Magistrate, Kozhikode, in Form LE-3 under the Explosives Act, 1884, and the Rules framed thereunder for the grant of such licence. After the expiry of the period of Explosives Licence, Petitioner No. 2 applied for its renewal on 2/2/2015. By letter dtd. 26/9/2016, the Additional District Magistrate informed the Petitioners that, in the light of the letter dtd. 26/8/2016, the renewal of Explosives Licence was rejected. Aggrieved by the rejection of the application for renewal of Explosives Licence, Petitioner No. 2 filed W.P.(C) No. 34788 of 2016. By judgment dtd. 24/3/2017, the Single Judge allowed the writ petition, quashed the letter dtd. 26/9/2016, and directed the Additional District Magistrate to reconsider the application for renewal. In light of the said judgment, the Additional District Magistrate reconsidered the application for renewal of the Explosives Licence submitted by the Petitioners and again rejected the same by order dtd. 28/6/2017. It was stated that, by virtue of the letter dtd. 25/2/2015 issued by the Secretary, Taluk Land Board, and taking into consideration the provisions of the Kerala Land Reforms Act, 1963, since the property cannot be fragmented or used for any purpose other than as a rubber plantation, it is not possible to renew the Explosives Licence of Petitioner No. 2.