Madras High CourtWP/7674/2017disposed of

N.Venkatapathy v. The Deputy Secretary

2017-04-10Honourable Mr Justice Huluvadi G. Ramesh,Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.4.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE Dr.JUSTICE S.VIMALA W.P.No.7674 of 2017 N.Venkatapathy Petitioner

Versus

1 The Deputy Secretary (Explosives Section) Department of Industry Policy & Promotion Ministry of Commerce & Industry Room No.332 Udhyog Bhavan New Delhi 110 011 2 The Chief Controller of Explosives Petroleum and Explosives Safety Organisation A Block 5th Floor CGO Complex Seminary Hills Nagpur 440 006 3 Joint Chief Controller of Explosives A & D Wing Block 1-8 II Floor Shastri Bhavan 26 Haddows Road Nungambakkam Chennai 600 006 4 M/s.Raja Explosives Pvt. Ltd.

S.No.569 to 575 Malangadu Kangeyam Taluk Tirupur District Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to conduct an enquiry and cancel the explosive licences granted to the 4th respondent consequently directing respondents 1 to 3 to stop the operation illegal manufacture and transportation of the explosives by the 4th respondent considering the petitioner's representation dated 10.3.2017 within a stipulated period of time as fixed by this Honourable court.

For petitioner : Mr.R.Ezhilarasan

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the petitioner for some time.

2. The writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 to 3 to conduct an enquiry and cancel the explosive licences granted to the 4th respondent consequently directing respondents 1 to 3 to stop the operation illegal manufacture and transportation of the explosives by the 4th respondent considering the petitioner's representation dated 10.3.2017 within a stipulated period of time as fixed by this court.

3. It appears from the submission of the petitioner that the fourth respondent is running an explosive company without following the procedure regarding explosive licence, etc.

4. Be that as it may, an application has already been filed by the petitioner under RTI Act to obtain information about the procedures for running an explosive company and the procedure adopted by the fourth respondent and replies were given by respondents 1 and 2 contending leaving open to the petitioner to prefer appeal, if not satisfied with the reply given. and based on the reply, he had already submitted a representation to the authority concerned. It is between the authority concerned and the fourth respondent, if they are carrying out the manufacturing activity illegally, of explosives without permission. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar ssk.

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