DASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P8 and P9 orders passed by the 4th and 2nd respondents respectively, declining to renew the licence of the petitioner under the Explosives Act and Rules. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is doing business in manufacturing of fireworks and gunpowder on the basis of Ext.P1 licence. According to the petitioner, Ext.P1 was renewed from time to time and it was valid till 31.03.2015. As per Ext.P1 licence, petitioner is permitted to manufacture fireworks or gunpowder or both not exceeding 15 K.gs. at a time. Petitioner submitted an application dated 28.02015 under Rule 112 of the Explosives Rules, 2008 before the 4th respondent for renewal of Ext.P1 licence issued to him, evident from Ext.P Along with Ext.P2, petitioner submitted all relevant materials and documents required under Rule 112 of the Rules and fees was also remitted, evident from Ext.P3. In pursuance of the application, a report was called for by the 3rd respondent from respondents 5 and 6. The 5th and 6th respondents submitted Exts.P4 and P5 reports dated 105.2015 and 26.06.2015 respectively. In Exts.P4 and P5, it is reported that there is no school, hospital, petrol pump or any other highly inflammable properties within a radius of 200 metres of the explosive unit of the petitioner. It is also reported that, there is no electric line within the radius of 10 metres and there is no complaint or objections against the functioning of petitioner's explosive manufacturing unit, and hence recommended for renewal of the licence.

(3.) Thereafter, 4th respondent issued Ext.P6 show cause notice, stating that the licence cannot be renewed, and calling upon the petitioner, why the explosive licence issued to him shall not be cancelled. It is also stated in Ext.P6 that on inspection by the 4th respondent, many residential houses are seen nearby to the manufacturing unit and the way to the unit is not motorable. Petitioner, on receipt of Ext.P6 show cause notice, submitted his explanation, pointing out that the residential houses are constructed subsequent to the establishment of the Explosive Manufacturing Unit by the petitioner and also stating that the pathway has been cleared and made motorable. Petitioner has allegedly produced consent letters of the nearby residents, which is marked as Ext.P7.