N.Venkatapathy v. Union Of India Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Venkatapathy .. Petitioner Vs 1.Union of India, rep. by its Home Secretary, Department of Home Affairs, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110 001.
2.Union of India, rep. by its Secretary (Explosives Section), Department of Industry Policy and Promotion, Ministry of Commerce and Industry, Room No.332, Udhyog Bhavan, New Delhi-110 011.
3.The Chief Controller of Explosives, Petroleum and Explosives Safety Organisation, "A" Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur-440 006.
4.The Joint Chief Controller of Explosives, A & D - Wing, Block 1 - 8, II Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.
5.M/s.Raja Explosives Pvt. Ltd., S.No.569 to 575, Malangadu, Kangeyam Taluk, Tirupur District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to communication/order dated 29.6.2017 bearing Ref.No.LN-2/2017-18 on the file of the fourth respondent, quash the same, consequently directing the respondents 1 to 4 to cancel the explosive licenses granted to the 5th respondent, further directing the first respondent to stop illegal manufacture and transportation of the explosives by the 5th respondent. For the Petitioner : Mr.R.Ezhilarasan For the Respondents : Mr.G.Ilangovan CGSC for respondents 1 to 4 : Mr.Ramesh Venkatachalapathy for respondent No.5
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Ezhilarasan, learned counsel for the petitioner; Mr.G.Ilangovan, learned Central Government Standing Counsel for respondents 1 to 4; and, Mr.Ramesh Venkatachalapathy, learned counsel for the fifth respondent.
2. The grievance of the petitioner was that the fifth respondent is running the industry without the industrial licence.
3. It has been pointed out by learned counsel for the fifth respondent that the industrial licence has been granted to the fifth respondent on 15.6.2018, though the same was applied in the year 2014.
4. The industrial licence issued to the fifth respondent is placed on record.
5. In the light of that, the writ petition stands disposed of.
There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 21.06.2023 Index :
Yes/No :
Yes/No bbr To:
1.The Home Secretary, Union of India, Department of Home Affairs, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110 001.
2.The Secretary (Explosives Section), Union of India, Department of Industry Policy and Promotion, Ministry of Commerce and Industry, Room No.332, Udhyog Bhavan, New Delhi-110 011. 3.The Chief Controller of Explosives, Petroleum and Explosives Safety Organisation, "A" Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur-440 006.
4.The Joint Chief Controller of Explosives, A & D - Wing, Block 1 - 8, II Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 21.06.2023