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2021 Supreme(Ker) 664

N.NAGARESH
Rajan K. , S/o. Kannan – Appellant
Versus
Additional District Magistrate (ADM) Kasaragod – Respondent


Advocates Appeared:
For the Petitioner: Sri. Alex M. Scaria, Sri. A.J. Riyas, Smt. Saritha Thomas, Kum. Pavan Rose Johnson, Smt. Aparna Anil.
For the Respondents: Smt. Surya Binoy, Government Pleader.

JUDGMENT :

In this writ petition, the petitioner challenges Ext.P10 to the extent it denies Explosive Licence as prayed for in Ext.P4, seeks to quash Ext.P15 and to direct the respondents to consider and dispose of Ext.P4 application in accordance with law.

2. The Mining and Geology Department issued Ext.P1 Letter of Intent to the petitioner for conducting quarrying operations for extraction of granite stones from 0.7762 Hectares of land in Bheemanadi Village of Vellarikundy Taluk in Kasaragod District. Ext.P2 Environmental Clearance also has been issued to the petitioner. The Pollution Control Board has issued Ext.P3 Consent to Operate.

3. To operate quarry, the petitioner requires Explosive Licence and hence submitted Ext.P4 application for NOC from the District Magistrate under Rule 113 of the Explosive Rules, 2008. No public hearing is required for issuing NOC in view of Rule 103(3)(b). The 1st respondent-Additional District Magistrate sought reports from various authorities.

4. The Senior Geologist gave Ext.P6 Reply stating that the grant of NOC for issuing Explosive licence does not fall under his jurisdiction. The Regional Fire Officer gave Ext.P7 Report stating that NOC can be

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