M/S.Akash Fire Works v. The Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1,2 and 3 of 2013 M/s.Akash Fire Works Industries, A Registered partnership, Door No.74/E, Kamak Road, Sivakasi-626 189, Represented by its Partner G.Radhakrishnan ... Petitioner Vs.

1.The Union of India, Ministry of Commerce and Industry, Petroleum and Explosives Safety Organisation, Udyog Bhavan, Moulana Azad Road, New Delhi-110 011.

2.The Chief Controller of Explosives, Petroleum and Explosives Safety Organisation, A Block, 5th Floor, C.G.O.Complex, Seminary hills, Nagpur (MS)-440 006.

3.The Joint Chief Controller of Explosives, South Circle. No.140, Rukmini Laxmipati Road, Marshalls Road, Egmore, Chennai-600 008.

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4.The Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Hospital, Sivakasi West, Virudhunagar district.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings E.3(7) 221/FW/2012 dated 23.11.2012 and consequential proceedings of the 4th respondent in his (withdrawn) proceedings E/HQ/TN/20/1121(E39683) dated 25.03.2013, quash the same in so far as it relates to the petitioner is concerned, consequently direct the respondents to issue the required licenses to the petitioner as per the second respondent's approval Nos. E/HQ/TN/20/1121 (E39683) dated 07.02.2012 under the Explosives Act 1888 and the Explosives Rules 2008 without insisting any new conditions, other than the conditions prescribed under the said Act and the Rules within a time to be stipulated by this Court. For Petitioner : Mr.S.Venkatesh for Mr.A.Sivaji For Respondents : Mr.R.Nandakumar

ORDER

The present writ petition has been field challenging an order passed by the fourth respondent herein, under which the permission already granted to the writ petitioner to use additional facilities for manufacture of fire works involving aerial items was withdrawn. 2/4

2. However, the learned counsel for the petitioner now submits that subsequent to the impugned order, an order has been passed by the fourth respondent herein on 17.04.2013 again authorizing the petitioner to use the additional facilities for manufacturing a fire works involving aerial items.

3. In view of the subsequent development, no further orders are required to be passed in the present writ petition. Hence, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. The petitioner is at liberty to approach this Court again, in case, if any adverse orders are passed by the fourth respondent again.

14.09.2022 Index :

Yes / No Internet :

Yes / No gbg 3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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