High Court of KeralaWP(C)/30397/2015disposed of

Sivakumar M.P. v. District Collector

2015-10-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 30397 of 2015 (Y) --------------------------------------- PETITIONER:

------------------- SIVAKUMAR M.P., AGED 35 YEARS S/O.MANIAN, KARAMKUZHI HOUSE, POOZHIKUNNU ESTATE.P.O, THIRUVANANTHAPURAM-695519.

BY ADVS.SRI.TONY THOMAS (INCHIPARAMBIL) SRI.P.THOMAS GEEVERGHESE RESPONDENTS:

-----------------------

1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE, KUDAPPANAKUNNU.P.O TRIVANDRUM-695005.

2. ADDITIONAL DISTRICT COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE, KUDAPPANAKUNNU.P.O TRIVANDRUM-695005.

3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.

4. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, 2-IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM-(KERALA)-682030.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30397 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF HIS LICENSE FOR PERIOD 2010-2011 DATED 8/10/2010 P2 TRUE COPY OF APPEAL MEMORANDUM P3 TRUE COPY OF INTERIM ORDER IN W.P.(C)DATED 10/10/2014 P4 TRUE COPY OF JUDGMENT IN W.P.(C)DTAED 6/11/2014 P5 TRUE COPY OF IMPUGNED ORDER DATED 07/09/2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 30397 of 2015 ================== Dated this the 7th day of October, 2015

J U D G M E N T

The petitioner applied for renewal of explosive licence. This has been rejected stating that registration of Crime No.442/2012 against the petitioner for offences under the I.P.C as well as the Explosive Substances Act.

The petitioner submits that the above case is pending and the petitioner has not been convicted. The competent authority rejected renewal application stating that the offence against the petitioner is pending before the competent court. The petitioner draws to attention of Rule 118 of the Explosives Rule 2008 which reads as follows:

"118. Suspension and revocation or cancellation of licence.- (1) Every licence granted under these rules shall- (I) stand cancelled, if- (a) xxxxxxxxx (b) the licensee is convicted and sentenced under any criminal offences or ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974), a bond for keeping peace for good behaviour."

The above provision clearly indicates that there should

W.P.(C).No. 30397 of 2015 - : 2 :- be a conviction or cancellation or revocation or suspension of the explosive licence.

In that view of the matter, this Court is of the view that mere pendency of the criminal case should not be a reason to refuse renewal of arms licence. Therefore there shall be a direction to consider the renewal application within two weeks from the date of receipt of the copy of this judgment.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE