Sri Annamalaiyar Explosives v. The Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND WMP NO. 54841 OF 2025,WMP NO. 54842 OF 2025 1.M/s.Sri Annamalaiyar Explosives Rep. By Its Proprietor, K.A.R. Raja Annamalai, Survey No. 31B3 and 31B4 , Sri Annamalaiyar Towers, Siddhaveerappa Chetty St., Dharmapuri 636 701 Petitioner(s) Vs

1. The Government Of India Rep. By Deputy Controller Of Explosives , Petroleum And Explosives Safety Organisation(PESO) , Office Of The Controller Of Explosives, No.3, 5th East Cross Road, Gandhi Nagar Vellore 632006 2.The District Collector Dharmapuri District Tamil Nadu 3.Dhavamani T A Inspector Of Police, Komarapalayam Police Station, Namakkal District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records of the 1st respondent in No. CE /

General/ 2025- 26 dated 02.12.2025 and the impugned recommendation of the 2nd respondent in Na.Ka.No.32170/ 2025/ C3 dated 24.11.2025 and to quash the same.

For Petitioner(s):

Mr.K.Azhagu Raman For Respondent:

Ms.Gopika Nambiar Senior Panel Counsel for R1 Mr.S.Rajesh Government Advocate for R2 Mr.L.Baskaran Government Advocate (Crl. Side) for R3

ORDER

Challenging the recommendation of the 2nd respondent dated 24.11.2025 to cancel the LE-3 Explosives Licence given to the petitioner and consequential notice issued by the 1st respondent issued to the petitioner in this regard, the present writ petition has been filed.

2.It is the case of the petitioner that he is a licensed dealer in explosives and detonators, duly operating under valid licences issued by PESO. Based on a criminal case in Crime No.68 of 2025 which came to be registered as against the petitioner for the offences under Sections 4(b) and 5 of the Explosive Substances Act, the 2nd respondent/District Collector, without affording an opportunity to the petitioner, forwarded his recommendations vide impugned

letter, dated 24.11.2025, to cancel the LE-3 Explosive Licence granted to the petitioner. Based on the same, the 1st respondent has issued the impugned notice dated 02.12.2025 calling for explanation in this regard from the petitioner. Challenging the same, the present writ petition has been filed. 3.Learned counsel for the petitioner would submit that the 1st respondent has issued the impugned notice to the petitioner to submit his explanation and the petitioner has also submitted his explanation, however, no orders have been passed so far. It is his contention that the respondents may, at any time, cancel the licence granted to the petitioner. Therefore, the petitioner has challenged the very notice itself.

4.At the outset, this Court is of the view that this writ petition is not maintainable for the simple reason that the notice, dated 02.12.2025, issued by the 1st respondent is only a show cause notice. Admittedly, the petitioner has also given his explanation and no orders have been passed so far. Such being the position, the petitioner cannot anticipate adverse orders against him and challenge the show cause notice without an order being actually passed. Therefore, I do not find any merit in this writ petition. It is open to the petitioner to challenge any such adverse order that may be passed against him, as per law.

5.Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 18-12-2025 mkn Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Deputy Controller Of Explosives Government Of India Petroleum And Explosives Safety Organisation(PESO) , Office Of The Controller Of Explosives, No.3, 5th East Cross Road, Gandhi Nagar Vellore 632006 2.The District Collector Dharmapuri District Tamil Nadu

N.SATHISH KUMAR J.

mkn 18-12-2025