Public safety must be considered when renewing licenses; no NOC is required from businesses established later.

JUDGMENT

The above writ petition is filed with following prayers :

(1) “A writ, order or direction in the nature of mandamus or other appropriate form of writ, commanding Respondent No.1 to revoke/cancel or recall the D&O License granted to Respondent No.2 to operate a store/shop in Door No. XVI/133 D in Kenichira Village, Poothady Panchayat in close proximity to the fireworks store run by the Petitioners in Door No. XVI/133 forthwith and directing Respondent No.3 to issue a No- Objection-Certificate to Petitioners as applied for, enabling them to obtain a D&O License from Respondent No.1 for continuing their business;

(2) Permitting the Petitioners to file this writ petition without furnishing true English translation of the documents in vernacular language.

(3) Such other reliefs that the Petitioner may pray for and which this Honourable Court may deem fit to be granted.” [sic]

2. The 1^st petitioner firm is doing business in Chinese crackers and fireworks ever since the year 2015, as permitted by the 1^st respondent with a D&O license is the submission. The D&O license was regularly renewed is the further submission. It is the case of the petitioners that the 2^nd respondent started a business of storage and sale of paints, varnishes, thinner etc, in the next door from December, 2024, against which the petitioners raised objection is the submission. It is submitted that, it is dangerous and hazardous to start a paint shop close to a fireworks store, since paints and allied products are derivatives from petroleum and inflammable. But, the 1^st respondent did not consider the objection of the petitioners is the submission. Subsequently, the petitioners submitted a D&O license renewal. But, the same was refused stating that the fireworks store is running close to the paint shop. According to the petitioners, the reasoning of the 3^rd respondent is not sound or acceptable. It is the case of the petitioners that since, the 2^nd respondent started the business subsequent to the business of the petitioners, the objection will not stand. Hence, this writ petition.

3. Heard the learned counsel for the petitioners, Standing Counsel appearing for the Panchayat, Government Pleader and the counsel appearing for the 2^nd respondent.

4. This Court perused the pleadings in this case. I am of the considered opinion that this Court need not go to the merit of the case. The petitioners want a renewal of the existing license. A Division Bench of this Court in Malabar Granites v. Secretary, Koppam Grama Panchayat and others [ 2019 KHC 2808 ] observed like this :

7. “On perusal of the statutory provisions of the Act and the Rules, it is quite clear that while Fire and Safety Department as a precondition for renewing the licence, particularly, for an considering the renewal of the D&O licence, the panchayath will not insist on NOC from the industry operating since 1995. However, the public safety and the nuisance aspect cannot also be overlooked considering the level of the responsibilities and obligations of the panchayath, to safeguard the interest of people and the public safety. Hence, minor modification of the judgment may be warranted. Therefore, it is directed that the panchayath authorities, while considering the renewal, may themselves call for reports from the Fire and Safety Department as also the District Medical Officer with regard to the safety concern of the crusher unit and if there is any negative input, they can seek necessary corrective measure from the appellant. Since the validity of the appellant's current licence is up to 31.03.2019, the Secretary of the Grama Panchayath would immediately seek reports from both authorities (the Fire and Safety Department as well as the Medical Officer) so that there is no de