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2025 Supreme(Online)(Ker) 42341

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RAJEEV B.R. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: shri.B.Mohanlal, Smt.P.S.Preetha, Shri.Ashwin V. Nair, Shri.Karthik J Sekhar, Shri.Abijith M., Smt.Avani Nair, Smt.Jayaprabha Arjun, Smt.Praveena T.
For the Respondents: Sri.Ajith Viswanathan, Government Pleader

Table of Content
1. initially granted license denied on contested grounds. (Para 1)
2. court found no merit in denial due to acquittal and distance compliance. (Para 2)
3. court ordered reconsideration of renewal application as per legal observations. (Para 3 , 4)

JUDGMENT

Petitioner’s brother was granted Ext.P1 LE-5 license to possess and sell manufactured fire works, chinese crackers and sparkles. Petitioner’s brother sought for renewal of that license. The same has been dismissed, vide Ext.P5, essentially for two reasons. The first is that, a crime has been registered against him for unauthorized sale of liquor, in terms of the Abkari Act . The second is that, the shop is closer to the Puttingal Temple, wherein a big disaster due to blast of explosive substances took place. The above two matters were reported by the District Police Chief, acting upon which, the 3rd respondent/Additional District Magistrate refused the application for renewal. In Ext.P5, the request of petitioner’s brother to renew the license in the name of the petitioner was also rejected, stating that the same is only to circumvent the provisions of the Statute. The petitioner carried an appeal before the 2nd res

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