S. Soundararaj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Soundararaj ... Petitioner -vs1.The District Collector, District Collectorate Office, Virudhunagar, Virudhunagar District.
2.The District Revenue Officer, Virudhunagar, Virudhunagar District.
3.The Special Tahsildar, Vembakottai Taluk, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the articles kept in the petitioner's premises i.e. Alex Fireworks Industries, situated at No.2/197, Kangarseval Village, Vembakottai, Virudhunagar District at the earliest, by considering petitioner's representation dated 23.01.2025. For Petitioner : Mr.A.Balaji For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, seeking direction to the respondents 2 and 3 to consider the representation of the petitioner dated 23.01.2025 and remove the articles kept in the property of the petitioner in Survey No.2/197 at Kangarseval Village, Vembakottai, Virudhunagar District.
2. The case of the petitioner is that the petitioner is a license holder of explosive substances and proprietor of Alex Fireworks Industries situated in Survey No.2/197 at Kangarseval Village, Vembakottai, Virudhunagar District. The respondents 2 and 3 have conducted raid in the locality of Rajapalayam and Srivilliputhur on 02.11.2021 and 03.11.2021, respectively and have seized various explosive substances, which were banned by the Hon'ble Supreme Court and kept the same in the petitioner's licensed premises. This involves security risks. The petitioner also deployed a security guard to safeguard the same for monthly salary.
3. The respondents 2 and 3 without finding an alternative place to keep the seized articles, kept the same in the petitioner's premises since 2021. The petitioner requested the respondents to remove the explosives that have been stored in the petitioner's premises. Since there was no proper reply, he sent a representation to the second respondent on 23.01.2025. However, no action has been taken so far. Hence, this Writ Petition.
4. Heard both sides.
5. Considering the above said submissions, there shall be a direction to the respondents 2 and 3 to visit the premises of the petitioner along with the petitioner to verify the position. The petitioner is facing difficulty in maintaining the premises and payment of salary to the security guard etc., The ground on which the petitioner's premises had been used by the respondents 2 and 3 is that, it comply the norms and guidelines that has been prescribed for storing the explosive materials. When the petitioner expressed his difficulty in continuing the storage of explosives, it is the duty of the respondents 2 and 3 to find an alternative place and remove the same in a proper and safety manner. Therefore,
the respondents 2 and 3 are directed to find an alternative place, which is suitable to satisfy the requirement of rules and regulations, which are made applicable to store the explosive substances as per the Act. Such exercise shall be undertaken within two months from the date of receipt of a copy of this order. After finding suitable accommodation, the explosive substances that have been stored in the petitioner's premises must be removed from that place and shifted to the alternative place, after getting proper permission from the concerned Courts.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
NCC : Yes / No 24.03.2025 Index : Yes / No smn2 To:- 1.The District Collector, District Collectorate Office, Virudhunagar, Virudhunagar District.
2.The District Revenue Officer, Virudhunagar, Virudhunagar District.
3.The Special Tahsildar, Vembakottai Taluk, Virudhunagar District.
VIVEK KUMAR SINGH , J.
smn2 24.03.2025