1. Challenge in the Writ Petition is against Exts. P4 and P6.

2. Exts. P1 and P2 show that from 1979 onwards, the petitioner was licenced to store safety fuse and gunpowder. As the licence period was expiring on 31.3.2010, the petitioner applied for its renewal by submitting Ext.P3, which was rejected by Ext.P4 order, on the ground that the Explosives Rules, 2008 did not permit the sale of gunpowder and safety fuse from a shop. Aggrieved by Ext.P4, petitioner filed Ext.P5 appeal before the first respondent invoking the appellate power under R.121 of the Explosives Rules, 2008. The appeal was also rejected by Ext.P6 order, reiterating the ground mentioned in Ext.P4. It is in these circumstances, challenging Exts.P4 and P6, this Writ Petition is filed.

3. Counsel for the petitioner submitted that he was doing business only in safety fuse and relied on R.83 and Schedule IV of the Explosives Rules, 2008 to substantiate his contentions. Counter-affidavit has been filed by the respondents and in paragraph of the counter affidavit, it is stated thus:

“There existed an anomaly in the Explosives Rules, 1983 itself wherein upto 25 kgs. Of gunpowder and 10,000 mtrs. Of safety fuse is allowed to be stored for sale in a shop located by the side of public road surrounded by commercial establishments while, as per condition No.1 of licence in Form 23, gunpowder not exceeding 5 kgs. And safety fuse not exceeding 50 mtrs shall be stored in a substantial building constructed of non-flammable material or any fire box separated from any dwelling house or another building, highway, street, thoroughfare or public place by a distance of minimum 45 m. This anomaly has been removed by deleting the provision for sale of safety fuse and gunpowder from a shop from the “Purpose for which licence is granted” under Schedule IV to Explosives Rules, 2008. Gunpowder as a blasting material has been discontinued from use in quarries, well sinking, road construction purposes etc. Safety Fuse along with Ordinary Detonator and Ammonium Nitrate Fuel Oil Mixture, is widely used in blasting operation in quarries unauthorisedly. Ammonium Nitrate not being explosives by itself, a licence under explosives rules, is not mandatory for possession and sale. This gradually changed the shops licensed for possession and sale of gunpowder and safety fuse, to illegal outlets for sale of ordinary detonators (Class 6 Dvn.3 explosives) along with Safety Fuse and Ammonium Nitrate. The changing law and order scenario necessitated restriction on easy availability of explosives from a shop. The monitory mechanism provided under Explosives Rules, 2008 are distinctly different for sale of explosives (fireworks) from a shop licensed in Form LE-5 and sale of explosives from a magazine licensed in Form LE-3. The Explosives Rules provide for stringent monitoring of sale of explosives from a magazine. The new Explosives Rules, 2008 provide for sale of gunpowder and safety fuse only from a magazine licensed in Form LE-3.”

4. Thus, the stand of the respondents is that there is no provision under the Explosive Rules, 2008 for grant of licence for sale of safety fuse from a shop. R.2(46) of the Rules defines safety fuse as follows:

“2(46) “Safety fuse” means a fuse for igniting charges of other explosives which burn and does not explode and which does not contain its own means of ignition, and which is of such strength and construction and contains an explosives in such quantity that the burning of such fuse would not communicate laterally with other like fuse.”

5. Rule 99 of the rules provides that licences and certificates for specific purposes may be granted by the authorities specified in Part I of Schedule IV. A perusal of Schedule IV shows that safety fuse not exceeding 50 metres can be licenced to be possess in a store house. Similarly, Cl.5(d) also shows that safety fuse not exceeding 50 metres can be licenced to be possessed for sale in States including Kerala. Statutory