2025:KER:29452 WP(C) NO. 12453 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 12453 OF 2025 PETITIONER: K RAMACHANDRAN AGED 64 YEARS KUNNATH HOUSE, S/O.KRISHNAN, MELATTUR PO, MALAPPURAM DISTRICT, PIN – 679326. BY ADVS. K.MOHANAKANNAN ADARSH MOHAN K. RESPONDENTS: 1 THE COMMISSIONER LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE THE ZOO, VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN – 695033. 2 THE DISTRICT COLLECTOR, CONFERENCE HALL, COLLECTRATE ROAD, UP HILL, MALAPPURAM, KERALA, PIN – 676505. 3 THE ADDITIONAL DISTRICT MAGISTRATE CONFERENCE HALL, COLLECTRATE ROAD, UP HILL, MALAPPURAM, KERALA, PIN – 676505. 2025:KER:29452 WP(C) NO. 12453 OF 2025 2 4 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, UP HILL POST, MALAPPURAM, PIN – 676505. 5 THE DISTRICT FIRE OFFICER FIRE AND RESCUE STATION, MUNDUPARAMBA, SH 71, OPP. FIRE STATION, MUNDUPARAMBA, MALAPPURAM, PIN – 676509. 6 THE TAHSILDAR TALUK OFFICE PERINTHALMANNA, FIRST FLOOR, SHORNUR-PERINTHALMANNA RD, SHANTI NAGAR, PERINTHALMANNA, KERALA, PIN – 679322. 7 THE VILLAGE OFFICER, MELATTUR VILLAGE OFFICE, MELATTUR, MALAPPURAM, PIN – 67932. SMT. DEEPA NARAYANAN, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29452 WP(C) NO. 12453 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.12453 of 2025 -------------------------------------------- Dated this the 04th day of April, 2025 JUDGMENT The petitioner has challenged Ext.P6 whereby his application for an LE-5 licence for sale of fireworks has been rejected. The only ground stated is that the petitioner has not produced the consent of the neighbours. The Explosives Act and Rules do not specify such a condition for grant of an LE-5 licence. The documents that are to be produced have been prescribed in the Rules which does not include consent from the neighbours. If the requirements under the Rules are met regarding the shop and its infrastructure, there is no reason why the licence should be rejected on the ground of not obtaining consent from the neighbours. In the above circumstances, this writ petition is 2025:KER:29452 WP(C) NO. 12453 OF 2025 4 allowed and Ext.P6 is set aside. There will be a direction to the 2nd respondent to reconsider the application for explosives licence filed by the petitioner without insisting on the consent of the neighbours. Necessary orders shall be issued within two weeks from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE mpm 2025:KER:29452 WP(C) NO. 12453 OF 2025 5 APPENDIX OF WP(C) 12453/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 22-1-2025 ISSUED BY THE 2 ND RESPONDENT WITH TYPED COPY. Exhibit P2 TRUE COPY OF THE NOC ISSUED BY THE DISTRICT FIRE OFFICER, MALAPPURAM DATED 14-2-2025. Exhibit P3 TRUE COPY OF THE LETTER OF THE TAHSILDAR DATED 7-3-2025 WITH ANNEXURES. Exhibit P4 TRUE COPY OF THE ON-LINE RECEIPT DATED 4-3-2025 FROM THE KERALA TREASURY. Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 19-3-2025 WITH TYPED COPY. Exhibit P6 TRUE COPY OF THE PROCEEDINGS NO.DCMPM /1174/2025 /E7 DATED 21-3-2025 ISSUED BY THE 3 RD RESPONDENT. Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II PERINTHALMANNA DATED 04.03.2025.