Linolf Joseph v. Additional District Magistrate

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 ---------------------------- PETITIONER:

------------------- LINOLF JOSEPH, AGED 35 YEARS, S/O.JOSEPH, RESIDING AT KOOTTEZHATH HOUSE, CHAKKALAMATTINGAL, N.F.GATE, TRIPUNITHURA, ERNAKULAM DISTRICT-682301.

BY ADV. SRI.PETER T.THOMAS RESPONDENTS:

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

1. ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KAKKANAD, ERNAKULAM.

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

BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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--------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

TRUE COPY OF DOCUMENT NO.1712/1/05 DATED 26.3.2005. P1(A): TRUE COPY OF DOCUMENT NO.1714/1/05 DATED 26.3.2005. P2 :

TRUE COPY OF THE LAND TAX PAID TO THE NADAMA VILLAGE OFFICE DATED 6.3.2014.

P3 :

BUILDING TAX PAID ON THE ABOVE SAID BUILDING ON 6.11.2014. P4 :

TRUE COPY OF THE CONSENT GIVEN IN RS.100/-STAMP PAPER DATED 19.11.2014.

P5 :

TRUE COPY OF THE APPLICATION DATED 24.11.2014. P6 :

TRUE COPY OF THE PROVISIONAL SANCTION DATED 13.3.2015 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE,ERNAKULAM. P6(A): TRUE COPY OF THE PROVISIONAL SKETCH DATED 13.3.2015 BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE,ERNAKULAM.

P7:

TRUE COPY OF THE APPLICATION FOR 'STORE HOUSE',SUBMITTED TO THE 1ST RESPONDENT DATED 9.12.2014.

P7(A): TRUE COPY OF THE APPLICATION FOR SELLING SHOP SUBMITTED TO THE 1ST RESPONDENT DATED 9.12.2014.

P8: TRUE COPY OF THE LETTER WITH REFERENCE NO.M4/93880/2014 DATED....12.2014 FROM 1ST RESPONDENT.

P8(A): TRUE COPY OF THE LETTER REFERENCE NO.M4/93883/2014 DATED ...12.2014 FROM 1ST RESPONDENT.

P9: TRUE COPY OF THE LETTER DATED 7.3.2015 NO.D2(A)-71803/2014/EC ISSUED BY DISTRICT POLICE CHIEF.

P9(A): TRUE COPY OF THE LETTER DATED 7.3.2015 NO.D2(A) 71762/2014/EC ISSUED BY DISTRICT POLICE CHIEF.

P10: TRUE COPY OF THE LETTER DATED 25.4.2014 WITH REF.NO.D1-8336/14 ISSUED BY DIVISIONALOFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM. P10(A): TRUE COPY OF THE LETTER DATED 25.4.2014 WITH REF.NO.D1-8337/14 ISSUED BY DIVISIONALOFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM. P11:

TRUE COPY OF THE LETTER DATED 2.5.2015 WITH REF.NO.A1-23015/14 ISSUED BY THAHASILDAR, TALUK OFFICE, KANAYANNUR. P11(A):TRUE COPY OF THE LETTER DATED 2.5.2015 WITH REF.NO.A1-23016/14 ISSUED BY THAHASILDAR, TALUK OFFICE, KANAYANNUR. --2--

--2-- --------------------------------------- P12:

TRUE COPY OF THE COMPLAINT FILED BEFORE THEM DATED 22.6.2015 BY THE PETITIONER.

P13:

TRUE COPY OF THE F.I.R. NO.17/2015 DATED 22.6.2015. P13(A):TRUE COPY OF THE NOTICE UNDER SECTION 91 CR.PC.ISSUED BY HON'BLE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR. P14:

TRUE COPY OF THE REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 28.6.2015 IN THE FRONT PAGE.

P14(A):TRUE COPY OF THE REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 28.6.2015 IN THE LAST PAGE.

RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 30406 of 2015 ================== Dated this the 17th day of December, 2015

J U D G M E N T

It is submitted by the learned Government Pleader that the petitioner's application for explosive licence will be considered and order will be passed within three weeks from the date of receipt of the copy of this judgment. In that view of the matter there shall be a direction to the respondent to pass orders on or before 10.1.2016.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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