LUVIS M I Vs. DISTRICT COLLECTOR, CIVIL STATION

JUDGEMENT

(1.) The petitioner says that he intends to commence business in the retail sale of manufactured crackers, fireworks and Chinese crackers. He says that he has 7 years of experience and knowledge in the area of sales of the above said commodity, since he was working as an Assistant in some of the leading retailers in such substances.

(2.) According to the petitioner, when he made an application for licence under the provisions of the Explosives Act and Rules, the same was rejected through Ext.P8 order by the second respondent - Additional District Magistrate citing three reasons. The petitioner shows me that the three reasons in Ext.P8 are: firstly, that there are occupants in the first floor of the building shown by the petitioner to be the shop/stall; Secondly, that there are other retail explosive shops within the limits of Ward No.24 of Angamaly Municipality where the petitioner intends to start his business and finally, that the petitioner's landlord, a certain Sri.Martin, is already involved in criminal cases on the allegation that he had unauthorisedly sold fire crackers without proper licence.

(3.) The petitioner says that Ext.P8 order is contrary to Rule 6(c) of the Explosives Act and prays that the same be set aside as being illegal and unlawful.