JUDGMENT

Dated this the 8th day of March, 2022 This writ petition is filed seeking the following prayers:

“(i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider Ext.P2 application for transfer of license within a time frame to be fixed by this Hon’ble Court.

(ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider Ext.P5 to P7 applications for renewal of license also along with the application for transfer of license and coercive actions against the petitioner with regard to the licensed activities may be deferred until then.”

2. Heard the learned counsel for the petitioners and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners that the 1st petitioner is holding an explosive license for stocking and sale of explosives from 2004 onwards. The 2nd petitioner is the holder of another license and has a valid NOC. It is submitted that the 1st petitioner had submitted an application for renewal of license which is pending before the 1st respondent. An application for transfer of license of the 1st petitioner in favour of the 2nd petitioner has also been filed with all necessary accompanied documents by the 2nd petitioner and that the same is also pending before the 1st respondent. However, the applications for renewal and for transfer are not being considered by the 1st respondent. It is submitted that on the ground that the license has not been renewed, the 3rd respondent is threatening to take action for closure of the premises of the petitioner.

4. The learned Government Pleader submits that since the applications have been submitted before the 1st respondent, the same will be considered in accordance with law.

5. There will, accordingly, be a direction to the 1st respondent to take up Exts.P2, P5, P6 and P7 applications and to consider and pass orders on the same, in accordance with law, within a period of six weeks from the date of receipt of a copy of this judgment. Till such time, the 1st petitioner will be permitted to continue operation on the basis of his license and in terms of Rule 112(5) of the Explosives Rules, 2008.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 7618/2022 PETITIONER’S EXHIBITS:

Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO. K.DIS-

9352/2017/05 DATED 12.2017 OF THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR TRANSFER OF LICENCE DATED 17.12.2018 SUBMITTED BY THE PETITIONERS WITH ANNEXURES.

Exhibit P3 TRUE COPY OF THE NOC NO. DS/3487/2015/D.DIS ISSUED TO THE 2ND PETITIONER IN JUNE, 2016 BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE CHALAN RECEIPT DATED

15.12.2018 OF PAYMENT OF FEE FOR TRANSFER.

Exhibit P5 TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT WITH CHALAN.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED

26.02.2021 FILED BY THE 2ND PETITIONER FOR RENEWAL OF LICENCE FOR FURTHER PERIOD FROM

31.3.2021 TO 31.03.2022.

Exhibit P7 TRUE COPY OF THE RENEWAL APPLICATION DATED

18.2.2022 WITH ANNEXURES FILED BY THE 2ND PETITIONER.

RESPONDENTS’ EXHIBITS: NIL