High Court of KeralaWP(C)/32189/2015disposed of

Balan v. The Addl.District Magistrate

2015-10-26Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 32189 of 2015 (W) ---------------------------- PETITIONER :

---------------------- BALAN S/O.CHANTU (LATE), AGED 58 YEARS NOONHIKKARA HOUSE, KUNNAMANGALAM PILASSERI P.O., KOZHIKODE.

BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S) :

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

1. THE ADDL.DISTRICT MAGISTRATE KOZHIKODE, PIN: 673 001.

2. THE DISTRICT SUPERINTENDENT OF POLICE KOZHIKODE, PIN: 673 001.

3. THE SUB INSPECTOR OF POLICE KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT PIN: 673 571.

R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 32189 of 2015 (W) ------------------------------------------ APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:

A TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED IN FORM -LE-1 DATED 2/12/2010 ISSUED BY THE 1ST RESPONDENT. EXT. P2:

A TRUE COPY OF THE CHALLAN RECEIPT EVIDENCING THE APPLICATION SUBMITTED BY THE PETITIONER TO RENEW THE LICENSE.

EXT. P3:

A TRUE COPY OF THE F.I.R IN CRIME 545/2012 OF THE KUNNAMANGALAM POLICE STATION.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 32189 of 2015 ---------------------------------------------------- Dated this the 26th day of October,2015

J U D G M E N T

------------------------- The petitioner is the holder of an explosive license issued by the 1st respondent. The petitioner approached the 1st respondent for the renewal of the license. Ext.P2 is the challan receipt evidence that application is submitted. It appears that on account of the pendency of the criminal case explosive license has not been renewed. 2.

This Court is of the view that if the petitioner has not been convicted for the offences based on the registration of crime, there is no impediment in renewing the explosive license subject to the outcome of criminal case. If the pendency of criminal case is the only reason on which the application for renewal has not been considered, the renewal shall be granted to the petitioner within a period of one week from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/