Petitioner challenges an order issued by the District Collector rejecting his application for LE-5 licence under the Explosives Rules,2008 for sale of fire works in the building situated in Sy. No. 1791/13-2 of Kottarakkara Taluk. It is inter alia stated that the reason for rejecting the licence is unjustifiable as no such provision is available for the respondent authority to reject LE-5 licence in terms of Rule 83 of the Explosives Rules of 2008. 2. The learned Government Pleader, on instructions, would submit that if licence pertains to a quantity of more than 100 kgs., necessary enquiry has to be conducted in terms of Rule 103 of the said Rules. But, the learned counsel for the petitioner submits that he had requested for LE-5 licence by which his requirement is only to effect sale of less than 100 kgs. fire crackers.
3. The petitioner also submits that he was not heard in the matter and a proper opportunity was not granted by the licence issuing authority for submitting his contentions.
4. The learned Government Pleader would submit that Ext. P3 is an appealable order. Therefore, the remedy of the petitioner is to approach the appellate authority.
5. Having regard to the fact that the petitioner has W.P(C) No. 1827 of 2014 -: 2 :-
submitted an application for LE-5 licence and the District Police Chief has already recommended the same, the issuing authority ought to have considered the same in accordance with the provisions of Rule 83 and apparently, the reasons stated in Ext. P3 is not what is contemplated under Rule 83. In the said circumstances, it is necessary that the petitioner should be heard in the matter and therefore I am of the view that Ext. P3 is liable to be set aside and an opportunity has to be granted to the petitioner to ventilate his grievance.
6. In the result, the writ petition is disposed of as under:
Ext. P3 is set aside. The 1st respondent shall re- consider the application of the petitioner with notice to the petitioner and pass appropriate orders in accordance with the prescribed procedure within one month from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/