W.P.(C).No.8641 of 2013 (E) & D.B.A.No.7/2013, High Court of Kerala at Ernakulam

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI** **WEDNESDAY, THE 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935** ## **WP(C).No. 8641 of 2013 (E) ---------------------------** ## **PETITIONER(S):** **--------------------------** ## **S.KAMALADEVI, AGED 57 YEARS,** **W/O. LATE P. MADHUSOODANAN, PATHANAPURATHU HOUSE, MANADIYIL, ALTHARAMOODU, KADAKKAL.P.O.,KOLLAM DISTRICT.** **BY ADVS.SRI.P.SANJAY SRI.V.A.AJIVAS** **RESPONDENT(S):** - **----------------------------** **1. THE DISTRICT COLLECTOR, KOLLAM DISTRICT. PIN-691 002.** **2. THE COMMISSIONER,TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM-695 001.** **3. THE ASSISTANT COMMISSIONER, PUNALUR SUB GROUP, TRAVANCORE DEVASWOM BOARD, PUNALUR PIN-691 305.** **4. MR. PRAKASH,ASSISTANT COMMISSIONER, PUNALUR SUB GROUP, TRAVANCORE DEVASSWOM BOARD, PUNALUR, PIN-691 305.** **5. MR. ARUN KUMAR,CHINIVILA VEEDU, VAYYANNAM.P.O., AYOOR (VIA) KOLLAM-PIN-691 533.** **6. THE COMMISSIONER OF POLICE,KOLLAM DISTRICT-691 002.** **7. THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA-691 506.** **8. THE CONTROLLER OF EXPLOSIVES,KAKKANADU, ERNAKULAM, REPRESENTED BY CENTRAL GOVERNMENT PIN-682 030.** **9. STATE OF KERALA,REPRESENTED BY SECRETARY, DEVASWOM DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **R1,R6,R7 & R9 BY SR GOVERNMENT PLEADER SRI.T.RAMPRASAD UNNI R2 & R3 BY ADV. SRI.D.SREEKUMAR, SC, TDB R5 BY ADV. SRI.B.MOHANLAL** **R8 BY ADV.SRI.P.PARAMESWARAN NAIR,ASG OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** ## **WP(C).No. 8641 of 2013 (E)** ## **--------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -------------------------------------** **EXHIBIT.P1 TRUE COPY OF THE LICENCE ISSUED BY 1ST RESPONDENT UNDER ARTICLE 3 (A) OF SCHEDULE IV PART-I (ONLY GUNPOWEDER ) ON 14-1-13 AS NUMBER 1/2013** - **EXHIBIT.P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 1-2-13** - **EXHIBIT.P3 TRUE COPY OF THE COMPALINT SUBMITTED BEFORE THE 7TH RESPONDENT DATED 6-2-13 AND ITS RECEIPT.** - **EXHIBIT.P4 TRUE COPY OF THE MAHAZAR PREPARED BY 3RD RESPONDENT ON 8-2-13** - **EXHIBIT.P5 TRUE COPY OF THE REPRESENTATION BEFORE THE SUB INSPECTOR OF POLICE, PUNALOOR DATED 8-2-13** - **EXHIBIT.P6 TRUE COPY OF THE REPRESENTATION TO THE 6TH RESPONDENT DATED 20-3-13** - **EXHIBIT.P7 TRUE COPY OF THE REPRESENTATION BEFORE THE 7TH RESPONDENT DATED 20-3-13** - **EXHIBIT.P8 TRUE COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 20-3-13** - **EXHIBIT.P9 TRUE COPY OF THE APPLICATION MADE BY PETITIONER'S DAUGHTER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 3RD RESPONDENT DATED 20-3-13** - **EXHIBIT.P10 TRUE COPY OF THE LE, LICENCE ISSUED BY 8TH RESPONDENT ISSUED TO THE 5TH RESPONDENT.** - **EXHIBIT.P11 TRUE COPY OF THE LICENSE OF THE PETITIONER'S LATE HUSBAND** - **EXHIBIT.P12 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER TO THE 1ST RESPONDENT.** - **EXHIBIT.P13 TRUE COPY OF THE RECOMMENDATION LETTER MADE BY THE TEMPLE SAMITI TO THE ASSISTANT COMMISSIONER** - **EXHIBIT.P14 TRUE COPY OF THE POLICE COMPLAINT FILED BEFORE THE NORTH POLICE STATION IT FORWARDED TO THE KADAKKAL POLICE STATION.** ## **RESPONDENT(S)' EXHIBITS:** **EXHIBIT R5(A) TRUE COPY OF THE LE-10 SHORTH FIRER'S LICESE NO.E/SE/KL/30/305 (E62504) DATED 16/06/2011 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM** **2/-** **sts** **-2-** **WP(C)NO.8641/2013** ## **EXHIBIT R5(B) TRUE COPY OF THE COMMUNICATION NO.M7/9433/12/L.DIS DATED 13/2/2012 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT R5(C) TRUE COPY OF THE LE-2 LICENSE ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.** ## **/TRUE COPY/** **P.A.TO.JUDGE** **sts** ## **T.R.RAMACHANDRAN NAIR & A.V.RAMAKRISHNA PILLAI, JJ.** ~~~~~~~~~~~~~~~~~~~~~~~~~~~ **W.P.(C).No.8641/2013 & D.B.A.No.7/2013** ~~~~~~~~~~~~~~~~~~~~~~~~~~~ **Dated this the 10[th] day of April, 2013** ## **J U D G M E N T** ## **Ramachandran Nair, J.** Both these are concerned with the auction for conducting _Vedivazhipadu_ at Kadackal Peedika Devaswom under Kadackal Sub Group of Punalur Group. 2. In D.B.A.No.7/2013, the prayer is for according sanction to confirm auction in favour of one Shri Arun Kumar, the highest bidder. Annexure-I therein is the auction notice. The auction was conducted on 08/02/2013. 3. In W.P.(C).No.8641/2013, one of the persons who has participated in the auction has come forward alleging certain irregularities in the auction as well as the lack of qualification of the fifth respondentShri Arun Kumar, the highest bidder. **==> picture [398 x 12] intentionally omitted <==** appearing for the petitioner in W.P.(C).No.8641/2013, Shri B.Mohanlal appearing for the fifth respondent therein and Shri D.Sreekumar learned Standing Counsel for the Devaswom. ## **W.P.(C).No.8641/2013 & D.B.A.No.7/2013** -:2:- 5. In fact, the petitioner in W.P.(C). No.8641/2013 had offered an amount of `.1.5 lakhs if this Court, ultimately, finds in favour of the petitioner. The offer made by the fifth respondent in the auction, which is the highest offer, is `.76,000/-. 6. The learned counsel for the petitioner in W.P.(C).No.8641/2013 invited our attention to the provisions of the Explosives Rules as well as the Division Bench Judgment of this Court in _**Chandran v. Cochin Devaswom Board**_ **[2012 (2) KLT 675]** and submitted that going by the provisions in the Rules and the directions issued by this Court, as far as the items _Adirvettu_ or _Kadina_ are concerned, a licence for premises is required as LE-2 licence and another licence known as LE-3 licence is required to possess for use of gun powder, which falls under Class-1. Therefore, the learned counsel submits that the petitioner is having the required licence and a copy of which is produced as Ext.P1 whereas the fifth respondent's licence is produced as Ext.P10 which is ## **W.P.(C).No.8641/2013 & D.B.A.No.7/2013** -:3:- only for use of Nitrate mixture. The same also falls under different classes, viz.2.0, 6.1, 6.3 and 6.3. Learned counsel for the fifth respondent Shri B.Mohanlal submits that as far as the petitioner's licence is concerned, it is only for agricultural purpose and the fifth respondent's licence will apply to class-1 also. 7. Going by the Rules and the dictum laid down by this Court, for the premises LE-2 licence is required which the Devaswom is having. As far as LE-3 licence is required evidently, therefore, for use of gun powder. The remaining question is whether the petitioner is having licence or not. According to the learned counsel for the petitioner, only in the manner in which Ext.P1 has been issued, by mentioning “for Agricultural purposes”, licences are being issued by the District Magistrate. 8. Since the procedure under which the auction was conducted is also under challenge, especially, in the light of the allegation by the writ petitioner that the writ petitioner was prohibited from participating ## **W.P.(C).No.8641/2013 & D.B.A.No.7/2013** -:4:- in the auction whereas, the contention of the fifth respondent is that the writ petitioner had not offered any amount in the auction, we are of the view that these are matters which can be considered by the Devaswom Commissioner. A verification of both the licences is required and if necessary, the details can be obtained from the authorities who have issued the licences also. 9. Therefore, we dispose of the D.B.A.No.7/2013 as well as W.P.(C).No.8641/2013 with the following directions: Since it is also pointed out that a petition has also been filed by the petitioner in W.P.(C). No.8641/2013 Ext.P8, the Devaswom Commissioner will call for a report from the Assistant Commissioner, Punalur and hear both parties and will take appropriate decision in the light of the directions issued by this Court earlier. Both the parties are allowed to file appropriate statements before the Devaswom Commissioner. The Devaswom Commissioner will have to verify the licences possessed by the writ petitioner as **W.P.(C).No.8641/2013 & D.B.A.No.7/2013** -:5:- well as the fifth respondent in the writ petition to find out whether they satisfy the requirement. He will be free to take a decision with regard to the auction. If a re-auction is ordered, the Devaswom Commissioner will be free to fix appropriate conditions for proper conduct of auction, the person to preside over the same and the like. **==> picture [25 x 11] intentionally omitted <==** ## **(T.R.RAMACHANDRAN NAIR, JUDGE)** Sd/- ## **(A.V.RAMAKRISHNA PILLAI JUDGE)** ms