C.Mohankumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH C.Mohankumar ... Petitioner Vs.

1.The District Revenue Officer, Salem, Salem District.

2.The Revenue Divisional Officer, Mettur, Salem District.

3.The District Officer, Fire Service Department, Salem District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to grant license to run Permanent Crackers shop in S.F.No.707/1C3A of Gonur East Village, Mettur, Salem District admeasuring to an extent of 160 Square feet on the basis of the petitioner's application dated 11.07.2023.

For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.P.Anandakumar Government Advocate

O R D E R

Mr.P.Anandakumar, learned Government Advocate accepts notice for the 1 / 4

respondents and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission.

2.The prayer of the petitioner is for a mandamus directing the respondent to grant license to run Permanent Crackers Shop in S.F.No.707/1C3A of Gonur East Village, Mettur, Salem District. The shop admeasures an extent of 160 square feet. 3.The petitioner has made an application dated 11.07.2023 putting forth the same plea as in this writ petition, which has not been decided till date. 4.The petitioner states that other authorities approached for statutory approval, such as the Deputy Superintendent of Police and the Fire Service Department, have inspected the premises and have accorded no-objection to the request of the petitioner.

5.Seeing as the Deepavali Festival is imminent, the application has been pending with the authorities since 11.07.2023, no objection from Fire Service Department has been granted as early as on 23.08.2023 and from the Law and Order authorities from 13.10.2023, let the present application be treated as an application for grant of temporary license, for now. 6.The petitioner will appear before R1/District Revenue Officer, Salem on 08.11.2023 at 10.30 a.m. and after hearing him, let an inspection be conducted 2 / 4

forthwith and temporary license be issued by end of business tomorrow i.e. 08.11.2023, if the petitioner satisfies all requirements and parameters and if the authority is satisfied that all safety measures have been put in place. 7.The application of the petitioner for permanent license shall be considered and disposed within a period of four (4) weeks from date of receipt of this order, after hearing the petitioner and in accordance with law. 8.This writ petition is disposed. No costs.

07.11.2023 vs Index : Yes / No Speaking Order Note:Issue order copy on 07.11.2023.

To 1.The District Revenue Officer, Salem, Salem District.

2.The Revenue Divisional Officer, Mettur, Salem District.

3.The District Officer, Fire Service Department, Salem District.

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DR.ANITA SUMANTH, J.

vs 07.11.2023 4 / 4