IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37639 of 2009(Y)
1. THANKARAJAN, S/O.JOSEPH,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE, POOVAR.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :25/02/2010
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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W.P.(C).No. 37639 of 2009 Y
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Dated this the 25th day of February, 2010
JUDGMENT
Joseph, J.
The petitioner has approached this Court for a direction to
the respondents to refrain from interfering with the manufacture
of Gun Powder in terms of the licence, in the wake of Ext.P6.
2. The case of the petitioner in brief is as follows.
Petitioner is having a licence to manufacture 15 kgs. of gun
powder at a time. Initially licence was granted w.e.f. 31.3.1995,
which was renewed from time to time and it was valid upto
31.3.2009. He was engaged in manufacture of fire works for
festivals. He has been implicated in Crime No. 132 of 2009 for
offences punishable under the Explosive Act, when application
for renewal of the licence was pending consideration.
W.P.(C).No. 37639 of 2009
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3. When the interference by the police became rampant, the
petitioner filed W.P.(C) No. 22385 of 2009 before this Court. As per
Ext.P3 interim order, this Court directed the Additional District
Magistrate to dispose of the application for renewal of licence. The
Additional District Magistrate, by Ext.P4, rejected the application on
the ground that safety measures are not fool proof. Petitioner
preferred Ext.P5 appeal and obtained Ext.P6 order of stay.
4. We heard learned counsel for the petitioner and the learned
Government Pleader.
5. The learned counsel for the petitioner submits that the
Government has taken a policy decision not to grant Explosive
Licences to individuals, but to grant licence only to Co-operative
Societies and the Government has granted time till 31.3.2010 for the
existing licence holder to become members of Co-operative Societies
and to avail of the benefit of the policy.
6. In this case, the application for licence of the petitioner has
been rejected by the Additional District Magistrate. Against the
W.P.(C).No. 37639 of 2009
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dismissal order, an appeal was filed by the petitioner. The
Government has passed an order of stay in that appeal. The prayer in
the Writ Petition is founded on Ext.P6 order of stay. We notice that
the appeal itself is directed against the rejection of the application for
licence. In such circumstances, we feel that it is for the petitioner to
approach the Government and seek clarification of the order, as to the
effect of the stay order granted in the facts of this case.
7. Without prejudice to the right of the petitioner to move the
Government, this Writ Petition is disposed of.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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