S.Chakkaravarthi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 30562 of 2019 and W.M.P. Nos. 30610 & 30614 of 2019 S. Chakkaravarthi ... Petitioner -vs1. The District Collector, O/o. Collectorate of Villupuram, Villupuram.

2. The District Revenue Officer, Villupuram District, Villupuram.

3. The Superintendent of Police, Villupuram District, Villupuram.

4. The Revenue Divisional Officer, Thindivanam, Villupuram District.

5. The Tahsildar, Thindivanam, Villupuram District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the Second Respondent relating to the order bearing Mu.Mu.(C4)/24300/2019 dated 21.10.2019 issued by the Second Respondent refusing to grant temporary License to the Petitioner upon his Application dated 29.08.2018 for possession and Sale of Fireworks/crackers during the Diwali Season - 2019, quash the same as illegal arbitrary without application of mind and consequently, direct the Respondents to issue Temporary License to the Petitioner for possession and sale of fireworks/crackers during the Diwali Season - 2019.

For Petitioner :

Mr. K. Manimaran For Respondents :

Mr. M. Karthikeyan Additional Government Pleader

O R D E R

Learned Counsel appearing for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to file fresh application for temporary licence under Rule 84 of the Explosives Rules, 2008, before the concerned authority, having regard to the fact that the Deepavali Festival is approaching shortly on 27.10.2019, when fireworks could be used by the public, and he has made an endorsement to that effect.

2.

Recording the same, the Writ Petition is dismissed as withdrawn granting such liberty. If such application for temporary license is made by the Petitioner, the concerned authority shall expeditiously consider the same if it satisfies all requirements prescribed by law and pass reasoned order on merits and in accordance with law and communicate the decision taken to the Petitioner, preferably by 25.10.2019. It is made clear that no view is expressed by this Court on the correctness or entitlement of the claim made by the Petitioner in this regard. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gsa To

1. The District Collector, O/o. Collectorate of Villupuram, Villupuram.

2. The District Revenue Officer, Villupuram District, Villupuram.

3. The Superintendent of Police, Villupuram District, Villupuram.

4. The Revenue Divisional Officer, Thindivanam, Villupuram District.

5. The Tahsildar, Thindivanam, Villupuram District.

+1 cc to Mr. K. Manimaran, Advocate, S.R.No.89508(25/10/2019) W.P. No. 30562 of 2019 (CO) SSM(24/10/2019) SSM(25/10/2019)