M/S.Mns Enterprises v. District Officer

2024:MHC:2346

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No. 20032 of 2023 M/s MNS Enterprises Rep. By its Proprietor Mrs.V.Mohana Priya Having Office at Plot NO. A - 29, Casa Grande Palm Meadows Main Road, Vengadamangalam, Chennai - 600 127.

.. Petitioner vs 1.District Officer, Fire and Rescue Service, Chengalpattu District, Chengalpattu.

2.M/s. Casa Grande Urbano Owners Association Rep. By its Secretary, Casa Grande Palm Meadows Main Road, Vengadamangalam, Chennai - 600 127.

3.The Tahsildhar, Vandalore Taluk, Chengalpet District.

4.The President, Venkatamangalam Panchayat, Kattangalathur Panchayat Union, Chengalpet District.

5.The Divisional Engineer, Maraimalai Nagar Division, Tamil Nadu Pollution Control Board, Guindy, Chennai.

6.The Regional Manager, 1/4

Gulf Oil Lubricants India Limited, No.9/36-1/9, 2nd Floor, Vaishnavi Sapphire Centre, Tumkur Road, Yeshwantpur, Bangalore - 560 022, Karnataka (R3 to R6 suo motu impleaded vide order dated 13.07.2023 made in WP No.20674 of 2023) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings Mu.Mu.No.2376/A/2023 dated 27.06.2023 cancellation the fire license issued to the petitioner dated 17.02.2023 and quash the same as illegal and arbitrary.

For Petitioner :

Mr.Adinarayana Rao For Respondents :

Mr.P.Harish, GA for R1 Mr.A.Ashwin Kumar, for R2

ORDER

The petitioner has challenged the order passed by the District Officer, Fire and Rescue Officer dated 27.06.2023 cancelling the fire licence issued to the petitioner on 17.02.2023.

2. Though the petitioner would wish to make certain submissions on the merits of the challenge itself contending that the impugned order has been passed in error, it is seen from the impugned licence that the same was valid only upto 16.02.2024. Hence as on date, the licence has itself expired. There is thus really no necessity for this Court to consider the merits of the challenge.

3.

That apart, Mr.A.Ashwin Kumar, learned counsel, appearing for R2 would submit that the premises in respect of which the fire licence had been granted is itself under lock and seal by virtue of the order 2/4

passed by the Revenue Divisional Officer on 05.01.2024. The petitioner had challenged that order by way of writ petition in W.P.No.1048 of 2024 and after hearing the parties an order has come to be passed on 09.02.2024 dismissing the writ petition.

4.

Learned counsel for the petitioner states that a writ appeal has been filed under Sr.No.24404 of 2024.

5.

Recording the aforesaid facts and as nothing further survives in the challenge, this writ petition is closed. No costs. Connected miscellaneous petition is closed.

14.06.2024 Index:Yes/No ssm To 1.The District Officer, Fire and Rescue Service, Chengalpattu District, Chengalpattu.

2.The Tahsildhar, Vandalore Taluk, Chengalpet District.

3.The Divisional Engineer, Maraimalai Nagar Division, Tamil Nadu Pollution Control Board, Guindy, Chennai.

3/4

DR. ANITA SUMANTH,J.

ssm 14.06.2024 4/4