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Madras High CourtWP/38988/2025disposed of with direction

Kalaiselvi v. The District Collector

2025-10-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.43661 & 43664 of 2025 Kalaiselvi ... Petitioner Vs 1.The District Collector, Thiruvaru District, Thiruvarur.

2.The District Revenue Officer, Office of the District Revenue Officer, Thiruvarur District.

Thiruvarur.

3.The Revenue Divisional Officer, Office of the District Revenue Officer, Thiruvarur.

4.The Thasildar, Valangaiman Taluk, Thiruvarur District.

Thiruvarur.

5.The District Fire Officer, Office of the District Fire Officer, Thiruvarur District.

Thiruvarur.

6.The Superintendent of Police, Office of the Superintendent of Police Officer, Thiruvarur District.

Thiruvarur ... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the entire records in respect of the impugned passed by the 2nd Respondent in Na.Ka.No.7605-03/2024/E4 dated 24.04.2025 and quash the same and consequently direct the 2nd respondent to permit the petitioner to run the cracker shop throughout the license period by virtue of his proceedings in MuMu.3334/2023/E4 dated 29.03.2023.

For Petitioner : Mr.T.Shanmugam For Respondents : Mr.P.Ganesan, Additional Government Pleader for RR-1 to 5 : Mr.S.Balaji, Government Advocate (Crl.Side) for R-6 O R D E R This Writ Petition has been filed challenging the impugned order passed by the 2nd respondent dated 24.04.2025 as also for a consequential direction to the 2nd respondent to permit the petitioner to run the cracker shop throughout the license period by virtue of his proceedings dated 29.03.2023 passed by the 2nd respondent.

2. It is the case of the petitioner that she had obtained license for running a crackers shop in the year 2017 which was extended upto 31.03.2026, vide proceedings of the 2nd respondent dated 29.03.2023. Subsequently, the petitioner was issued with show cause notice dated 15.07.2024 by the 2nd respondent calling 2/6

upon the petitioner to comply with certain guidelines to run the cracker shop. Despite receipt of a detailed explanation given by the petitioner on 14.08.2024 stating that the petitioner is ready and willing to rectify the errors and report the same to the licensing authority and had accordingly rectified the errors and intimated the same to the licensing authority, petitioner's license was temporarily suspended vide order dated 08.10.2024. Thereafter, the present impugned order dated 24.04.2025 has come to be passed by the 2nd respondent permanently cancelling the license of the petitioner without affording any opportunity to the petitioner on the ground of certain violations on the part of the petitioner in running the crackers shop. Aggrieved by such cancellation, the present Writ Petition has been filed by the petitioner seeking the aforesaid relief.

3. Learned counsel appearing for the petitioner submitted that the impugned order passed by the 2nd respondent is wholly arbitrary and illegal as the same has come to be passed without affording any opportunity to the petitioner which is in violation of principles of natural justice and the same requires interference at the hands of this Court.

4. Learned Special Government Pleader appearing for respondents 1 to 4 while defending the impugned order submitted that the petitioner is running the crackers shop without following the Standard Operating Procedure which was ground for permanent cancellation of the license which was granted and therefore, no interference is warranted with the order impugned in this Writ 3/6

Petition.

5. This Court heard the learned counsel appearing on either side and perused the materials available on record.

6. It is seen from the records that, as against the permanent cancellation of license for running the crackers shop, interim order was granted by this court so as to enable the petitioner to run the crackers shop during the festival period so that the petitioner may not suffer however, that alone cannot confer any right on the petitioner to run the crackers shop.

7. It is the specific case of the respondents that the crackers shop is situated within three meters of the parent wall and in close proximity with the marriage hall therein which is not permissible. The petitioner was directed to comply with certain guidelines which alone can form the basis for grant of license. Since, the license is about to expire on 31.03.2026 necessarily, the interim order granted by this Court cannot be continued and the petitioner has to seek for a fresh license as the petitioner cannot run the shop beyond 31.03.2026.

8. In such view of the matter, necessarily, the petitioner has to comply with the Standard Operation Procedure which alone will enable the respondents to consider the grant of permanent license for the petitioner. Therefore, this Court is not inclined to interfere with the order passed by the respondents, however, it would suffice to grant liberty to the petitioner to comply with the Standard 4/6

Operating Procedure prescribed by the respondents.

9. Accordingly, the petitioner is directed to submit a fresh application for grant of permanent license before the respondents within a period of four (4) weeks from the date of receipt of a copy of this order. If any such applications are filed, the respondents are directed to consider and pass appropriate orders on the same in accordance with law within a period of four (4) weeks thereafter after affording an opportunity of personal hearing to the petitioner and any other interested parties.

10. This Writ Petition is disposed of in the above terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

23.10.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs 5/6

M.DHANDAPANI, J Nhs To 1.The District Collector, Thiruvaru District, Thiruvarur.

2.The District Revenue Officer, Office of the District Revenue Officer, Thiruvarur District.

Thiruvarur.

3.The Revenue Divisional Officer, Office of the District Revenue Officer, Thiruvarur.

4.The Thasildar, Valangaiman Taluk, Thiruvarur District.

Thiruvarur.

5.The District Fire Officer, Office of the District Fire Officer, Thiruvarur District.

Thiruvarur.

6.The Superintendent of Police, Office of the Superintendent of Police Officer, Thiruvarur District.

Thiruvarur and W.M.P.Nos.43661 & 43664 of 2025 23.10.2025 6/6