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Judgment
Suraj Govindaraj, J
The petitioner is before this Court seeking for the aforesaid reliefs.
“i) Issue a Writ of Certiorari or any other writ, order or direction and quash the orders bearing No.MaNaPa/Arovi/CR-2023-24 dated 7.11.2023 (Annexures-M, N and )) passed by respondent No.2.
ii) Grant such other and further reliefs as are just including the cost of this petition.”
The grievance of the petitioner is that despite the petitioners having licences in Form LE-5 for sale of fire crackers till the year 2028, 2025 and 2032 respectively and they being a trade licence issued by respondent No.1 – Mangalore Mahanagara Palike on an apparent letter issued by respondent No.4 to respondent No.2, respondent No.2 has issued the impugned order stating that unless NOC from Fire Department is obtained, the petitioners cannot carry on business. It is in that background, the petitioners are before this Court seeking for the aforesaid reliefs.
Sri.Udaya Holla, learned Senior counsel for the petitioners would submit that the petitioners having received the licence in terms of Form LE-5 and trade licence having been issued for the last nearly a decade under which the petitioners are carrying on the business, this is for the first time that an order has been passed that since the petitioners have not produced NOC from the Fire Department they cannot carry on the business of vending fire crackers.
On enquiry with Sri.Hareesh Bhandary, learned counsel respondents No.1 and 2 as to under what basis respondent No.2 has insisted for production of NOC from the Fire Department, he is unable to point out the relevant provisions.
In the absence of any applicable law however good the intention of the Health Officer may be, the Health Officer cannot on his own seek for implementation of a particular requirement when the law does not contemplate it to be so. Hence, I pass the following:
ORDER
i. The Writ Petition is allowed, certiorari is issued.
ii. The order bearing No.MaNaPa/Arovi/CR-2023-24 dated 7.11.2023 vide Annexures-M, N and P issued by respondent No.2 are hereby quashed.
iii. Needless to say that the petitioners would be at liberty to carry on their business in terms of the licence available with them and trade licence issued by following applicable law.
iv. Needless to further say that if there is any violation by the petitioners, the respondents are at liberty to take necessary action.