Point of Law: Primary authority is not vested with powers to see as to whether there is a contravention of the provisions of the Act and the Rules, 2008.

JUDGMENT :

SHAJI P. CHALY, J.

1. This appeal is preferred by the Land Revenue Commissioner and other State officials, who were respondents in W.P. (C) No. 6400/2021, challenging the judgment of the learned Single Judge dated 22.3.2021, whereby the learned Single Judge quashed Exhibit P6 order passed by the Additional District Magistrate, Thrissur bearing No. DCTSR/1535/2021/ C6-KDS, wherein the licence sought for by the petitioner for manufacturing 5Kg. Ammunition and 10 Kg. fireworks in the property comprised in Sy. No 1083/2 and 1085/1 of Kalloor, Thekkumuri Village, Chalakudy Taluk, was refused to be renewed under the provisions of the Explosives Rules, 2008 and directed the Additional District Magistrate, Thrissur, to renew the licence of the petitioner in accordance with the Rules. It is thus challenging the legality and correctness of the judgment of the learned Single Judge, the writ appeal is preferred.

2. Brief material facts for the disposal of the writ appeal are as follows:

The writ petitioner/respondent was granted licence during the year 2003 as per the Explosives Rules, 1983 for the manufacture of 5 Kgs. gunpowder and 10 Kgs. fire works, which was being renewed upto 2016. On 10.2.2016, an application for renewal of licence with prescribed fee was submitted before the Additional District Magistrate, Thrissur. The Additional District Magistrate sought a report of the Divisional Officer, Fire and Rescue Services, Palakkad, who in turn reported that from the 5 meter width road, there is only a pathway of 150 meters long to the fire cracker manufacturing unit, which is situated in an open garden land. It was further reported that as per the amendment to Rule 61 of the Kerala Panchayat Building Rules, 2011, which came into force w.e.f. 3.6.2015, there must be a 7 meter wide road to a firecracker manufacturing unit, having a plinth area of more than 700 sq. mtrs. and since there is no 7 meter wide road to the applicant's/writ petitioner's building, a Non Objection Certificate cannot be granted for renewing the licence.

3. In fact in the report submitted by the Tahsildar, Chalakudy it is stated that the storeroom, working shed, drying platform and stock room, which make up of various parts of the firecracker manufacturing unit, is situated in a land belonging to the writ petitioner; that the storeroom has three rooms with separate doors to each room; that the working shed situated 15 meters away to the west of the storeroom has doors on all four sides. Among others, it is also reported that there is no high tension electric line, workshops etc. likely to catch fire within a radius of 50 meters from the property of the applicant; that there are also no inhabited houses within a radius of 50 meters and that no cases have been registered in the recent past against the writ petitioner under the Explosives Rules and that the same state of affairs existed at the time of grant of the original licence and its subsequent renewal continues, and therefore, recommended for renewal of licence.

4. The District Police Chief, Thrissur has also filed a report stating that there are no objectionable sites within 75 metres from the fire cracker manufacturing unit and there are adequate safety arrangements provided in the unit. Apart from the same, it is also reported that the writ petitioner has been manufacturing the firecrackers for the last more than 13 years and he has secured sufficient experience in handling the explosives with care and caution and therefore, there is no objection in renewing the licence.

5. In fact, a second report of the Tahsildar, Chalakudy dated 21.10.2016 was also secured, wherein it is stated that the property owners of the land lying to the south and east of the writ petitioners property have given their consent for renewing the licence and further stated that consent of the land owners having property on all fo