Chinnaval v. The State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 28157 OF 2025

1. Chinnaval W/o Late Subramaniam, Proprietrix, Sri Sakthi Fire Works, No 405/1, Sokkan Kottai Road, Karagur Village, Palacode, Dharmapuri 636808 Petitioner(s) Vs The State Of Tamilnadu, Rep. By The District Magistrate /the District Collector, Dharmapuri O/o The District Collectorate, Dharmapuri 636705 Respondent(s) PRAYER :

Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorari to call for the records pertaining to the proceedings in Moo.Mu.27902/2025/C3 dated 11.06.2025 (Received on 19.06.2025) on the file of the respondent.

For Petitioner(s): Mr.R.Selvakumar For Respondent:

Mr.E.Veda Bagath Singh Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned proceedings of the respondent dated 11.06.2025 cancelling the explosive license issued to the petitioner.

2.

Heard Mr.R.Selvakumar, learned counsel for the petitioner and Mr.E.Veda Bagath Singh, learned Special Government Pleader for respondent.

3.

The case of the petitioner is that she is holding an explosive license, which is valid till 31.03.2026 issued by the respondent. Right from the year 2010 onwards, the license is in the name of the petitioner's husband, who passed away in the year 2021 and thereafter, the license was transferred in the name of the petitioner from the year 2022.

4.

The grievance of the petitioner is that the impugned order has been straight away passed by the respondent cancelling the license by pointing out to various defects. According to the learned counsel for the petitioner, the petitioner had a valid explanation for the defects pointed out by the respondent and even without affording an opportunity to the petitioner, the license has been cancelled. It is under these circumstances, the present writ petition has been filed before this Court.

5.

The learned Special Government Pleader produced the written instructions received from the District Collector, Dharmapuri. The learned Special Government Pleader submitted that very serious lapses were found and considering the fact that if these lapses continue, it will endanger the general public, reports were called for from the concerned authorities and thereafter, the license was cancelled. The learned Special Government pleader submitted that in a case of this nature if there is delay in taking action, it will result in disastrous consequences. 6.

In the considered view of this Court, the license that has been given to the petitioner is valid till 31.03.2026. Therefore, if there are any serious lapses, the minimum that is required it to put the petitioner on notice and get an explanation and thereafter, take a decision. If the same is not done, it will be in violation of principles of natural justice, since it results in civil consequences. 7.

In view of the above, the impugned proceedings of the respondent dated 11.06.2025 shall be considered to be a show cause notice and there shall be a direction to the petitioner to submit an explanation within a period of two weeks from the date of receipt of a

copy of this order. On receipt of the same, the respondent shall take a decision within a period of two weeks thereafter. It is made clear that the respondent will take a final decision after considering the explanation given by the petitioner. Since the impugned proceedings dated 11.06.2025 is now considered to be a show cause notice, the cancellation of license shall be kept in abeyance. 8.

In the result, this writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

10-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Of Tamilnadu Rep. By The District Magistrate /the District Collector, Dharmapuri O/o The District Collectorate, Dharmapuri 636705

N.ANAND VENKATESH J.

rka WMP NO. 28157 OF 2025 10-07-2025