K.Ibrahimkutty vs State Of Kerala on 18 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5636 of 2008(U)


1. K.IBRAHIMKUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE ADDITIONAL DISTRICT MAGISTRATE,

4. THE DEPUTY CHIEF CONTROLLER OF

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :18/02/2008

 O R D E R
                              ANTONY DOMINIC, J.



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                            W.P.(C)  5636 of  2008



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                          Dated: February 18, 2008



                                   JUDGMENT

Petitioner submits that the 3rd respondent had issued no

objection certificate for the petitioner under the Explosives Act valid

till 31.3.2007, which is Ext.P2 in the writ petition. It is submitted by

the petitioner that as it was expiring, petitioner submitted Ext.P3

application on 21.2.2007 requesting for the renewal of Ext.P2 no

objection certificate. However, subsequently he was informed by

Ext.P4 that the 3rd respondent had intimated that the no objection

certificate is withdrawn and on that basis sought cancellation of the

licence. On receipt of Ext.P4, petitioner submitted Ext.P5 to the 3rd

respondent requesting for issue of a copy of the order withdrawing

the no objection certificate. As the request was not considered, this

writ petition was filed by the petitioner praying for a direction to the

3rd respondent to issue a copy of the proceedings

2. Having heard the counsel for the petitioner and also the

WP(C) 5636/08

Page numbers

Government Pleader, I see no justification for declining this request

of the petitioner. If the no objection certificate was withdrawn as

stated in Ext.P4, the 3rd respondent ought to have issued a copy of

the proceedings to the petitioner. This having not been done by the

3rd respondent, I direct that on production of a copy of this

judgment, the 3rd respondent shall arrange for issuing a copy of the

proceedings withdrawing the no objection certificate as

expeditiously as possible, at any rate, within four days from the date

of production of a copy of this judgment.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE

mt/-