A.Valli v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY A.VALLI ... Petitioner Vs 1.
THE DISTRICT COLLECTOR, THIRUVARUR DISTRICT, THIRUVARUR.
2.
THE DISTRICT REVENUE OFFICER, THIRUVARUR.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent herein dispose of the petitioner's appeal dated 09.10.2024 filed as against the order passed by the second respondent vide Na.Ka.No.7605-3/2024/E4 dated 08.10.2024 within the period stipulated by this Court.
For Petitioner : Mr.N.Kesavaraj For R1 & R2 : Mr.S.Balamurugan Government Advocate
ORDER
This writ petition is filed directing the first respondent herein to dispose of the petitioner's appeal dated 09.10.2024, filed against the order passed by the second respondent dated 08.10.2024.
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2. Upon hearing the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing on behalf of the first and second respondents and perusing the material records of the case, it can be seen that the petitioner holds an explosive license to sell crackers, etc. Since reports were received that many of the licensees were not abiding by the rules, a joint inspection was made during June and July 2024. Upon receipt of the report, communications were sent to the petitioner to rectify the issues. Since the rectification was not done within the time granted, the order dated 08.10.2024 was passed, suspending the petitioner's license and granting an additional 60 days to rectify the defects pointed out during the inquiry.
3. It is further stated by the learned Government Advocate appearing on behalf of the respondents that, thereafter, further time was extended. However, in spite of the extended time, if the shortcomings are not rectified by the petitioner, further action will be taken with reference to cancellation of the license.
4. It will be open for the respondent to proceed further as per their further action. However, as against the order dated 08.10.2024 suspending the petitioner's license, the petitioner is entitled to file an appeal under Rule 121 2/4
of the Explosive Rules, 2008 and accordingly, the present appeal is filed. The said appeal will be disposed of by the appellate authority, namely, the first respondent.
5. Therefore, this writ petition is disposed of on the following terms:- (i) The first respondent shall dispose of the appeal filed by the petitioner dated 09.10.2024 as expeditiously as possible, in any event, within a period of twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. (ii) It will be open for the petitioner to approach the original authority simultaneously if he had to put up any construction and rectified the defects and seek their approval. No costs.
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D.BHARATHA CHAKRAVARTHY, J.
nsl To 1.
THE DISTRICT COLLECTOR, THIRUVARUR DISTRICT, THIRUVARUR.
2.
THE DISTRICT REVENUE OFFICER, THIRUVARUR.
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