JOY JOSEPH Vs. DISTRICT COLLECTOR, KANNUR AND ORS.

JUDGEMENT

(1.) Ext.P11 order is under challenge in this writ petition.

(2.) The petitioner proposes to establish a quarry. Licence in Form LE -3 of the Explosives Rules is required for operating an explosive magazine at the site of the quarry. Rule 103(1) of the Explosives Rules, 2008 ('the Rules' for short), provides that the applicant desiring to obtain a licence of the said nature shall apply to the District Magistrate with copies of the site plan showing the location of the premises proposed to be licensed for issue of a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed. In the light of the said provision, the petitioner has submitted an application to the second respondent, the jurisdictional District Magistrate for a 'No Objection Certificate' (NOC) with all the requisite documents. The application submitted by the petitioner was rejected by the second respondent as per Ext.P3 order on the ground that the local panchayat raised objections to the grant of NOC. The petitioner challenged Ext.P3 order before this Court in W.P.(C) No.23010 of 2015 and this Court disposed of the said writ petition directing respondents 1 and 2 to take a fresh decision in the matter, after conducting necessary enquiry. Ext.P10 is the judgment in the said case. Pursuant to Ext.P10 judgment, the second respondent inspected the site of the quarry. In the meanwhile, the second respondent received a few complaints from the local public against the grant of NOC to the petitioner.

(3.) Heard the learned Senior Counsel for the petitioner as also the learned Government Pleader.