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Madras High CourtWP/36548/2016disposed of

Thadayam Babu @ Babu, v. The District Collector

2016-10-20Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.36548 of 2016 Thadayam Babu @ Babu .. Petitioner Vs

1. The District Collector

2. The District Revenue Officer

3. The Superintendent of Police

4. The District Officer Tamil Nadu Fire and Rescue Services Department Cuddalore.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to issue temporary license to the fire cracker traders and merchants to sell the crackers in a specified secluded place in each and every town in Cuddalore District during Deepavali festival so as to protect the common people from avoidable fire accidents near Markets, Bus Stands, Schools, Hospitals, Banks, Hotels, etc. by considering the petitioner's representation dated 14.7.2016.

For Petitioner : Mr.C.Munusamy For Respondents : Mr.M.K.Subramanian Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) On hearing learned counsel for parties, we are not inclined to entertain the public interest litigation as we find it devoid of any particulars of violation of any law. Other than making reference to the Explosives Act, 1884 and the Rules framed thereunder, the allegation is "the rules are not strictly followed by the officials while issuing licenses to the shops for selling fire crackers". It is not clear as to how the Rules are not being followed.

2. The prayer is that the crackers should be sold in a specified secluded place so as to protect the common people from avoidable fire accidents near markets. In our view, these aspects are already contained in the Rules and the authorities are naturally duty bound to follow the Rules. The petition is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To:

1. The District Collector

2. The District Revenue Officer

3. The Superintendent of Police

4. The District Officer Tamil Nadu Fire and Rescue Services Department Cuddalore.

+1 CC to the Govt., Pleader, High Court, Madras Sr.No.59599 +1 CC to M/s. C. Munusamy, Advocate Sr.No.59391 W.P.No.36548 of 2016 PPA (CO) MD : 01/11/2016