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Madras High CourtWP(MD)/667/2025disposed of

Poosaipandian v. The Additional Chief Secretary /

2025-09-11Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.667 of 2025 and W.M.P(MD)No.458 of 2025 Poosaipandian ..Petitioner Vs.

1.The Additional Chief Secretary, /The Commissioner of Revenue Administration, O/o Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 025.

2.The Additional District Magistrate, /The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil Revenue Division, Sankarankovil, Tenkasi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent the Commissioner of Revenue Administration by his proceedings vide No. Na.Ka.No. VANE 5(4) / E-8714984/2024 dated 28.10.2024 and quash the same and pass direction to the 1st and 2nd respondents to issue the permanent license to this petitioner to run a cracker retail shop permanently within a time frame fixed by court. 1/5

For Petitioner : Mr.F.X.Eugene For Respondents : Mr.D.Sasikumar Spl. Govt. Pleader

ORDER

This writ petition has been filed challenging the impugned order passed by the first respondent in proceedings No. Na.Ka.No.VANE 5(4)/E-8714984/2024 dated 28.10.2024, whereby, without considering the petitioner's request for the grant of a permanent licence to run a cracker retail shop, only a temporary licence was granted taking into account the Deepavali festival.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The petitioner had applied for the grant of a permanent licence for retail sale of crackers in Form LE-5 on 01.08.2024. The third respondent conducted an inspection of the petitioner's shop premises and issued a No Objection Certificate on 30.06.2024 recommending the grant of a permanent licence. However, the second respondent, by proceedings dated 10.10.2024, rejected the petitioner's application for permanent licence on the ground 2/5

that National Highway-744 is situated near the petitioner's shop. Aggrieved thereby, the petitioner preferred an appeal before the first respondent. The first respondent, however, directed the third respondent to issue only a temporary Form-24 licence to the petitioner for a period of 15 days or till the Deepavali festival. Challenging the same, the present writ petition has been filed.

4. The learned counsel for the petitioner submits that although the petitioner had specifically sought a permanent licence, the first respondent, while disposing of the appeal, failed to consider the said request and instead restricted relief to a temporary licence. It is further submitted that the petitioner possesses all the necessary documents to operate the cracker shop and hence is entitled to a permanent licence.

5. In view of the above, the second respondent is directed to consider the petitioner's application for a permanent licence to run the cracker shop and pass appropriate orders within a period of two months, after affording an opportunity of hearing to the petitioner and taking into account the No Objection Certificate issued by the Fire Service Department. Till such time, considering that the Deepavali festival is coming, a temporary licence, as was granted in the previous year, shall be granted to the petitioner for this year also.

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6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No skn To:- 1.The Additional Chief Secretary, /The Commissioner of Revenue Administration, O/o Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 025.

2.The Additional District Magistrate, /The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil Revenue Division, Sankarankovil, Tenkasi.

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P.T.ASHA, J.

skn Writ Petition(MD)No.667 of 2025 and W.M.P(MD)No.458 of 2025 11.09.2025 5/5