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Madras High CourtWP(MD)/163/2015disposed of

M/S.Rkvm Fireworks, v. The District Collector,

2015-01-08Honourable Mr Justice B. Rajendran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.01.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD)NoS.163 & 226 of 2015 and M.P(MD)Nos.1 & 1 of 2015 M/s.RKVM Fireworks, Rep. by its partner, V.Parameshwari, D.No.203/2, M.Mettupatti, Kannur via,Sivakasi, Virudhunagar District.

..Petitioner in W.P.(MD)No.163 of 2015 M/s.Sri Chenthoor Pyrotech, Rep. by its partner, S.Prabha, D.No.4/1180 A, Samayapuram, Sivakasi, Virudhunagar District.

.. Petitioner in W.P.(MD)No.226 of 2015 Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer cum-Additional District Magistrate, Virudhunagar District, Virudhunagar.

..Respondents in both the W.Ps.

Prayer in W.P.(MD)No.163 of 2015: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to pass orders on the application dated 25.06.2014 and accord NOC, construction permission and approval for the drawings of the proposed fireworks factory and storeroom to be constructed by the Petitioner in Survey Nos. 22/1B, 22/1E, 24, 25/1, 25/2, 30/1, 30/2, 30/5, 30/6, 30/7, 30/8, 32/1, 32/2, 33/2A, 33/2B, 33/2C, 34/1, 35/2, 35/3 and 66/2A Senkottai Village, Virudhunagar Taluk, Virudhunagar District, within the time that may be stipulated by this Court.

Prayer in W.P.(MD)No.226 of 2015: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to pass orders on the application dated 25.06.2014 and accord NOC, construction permission and approval for the drawings of the proposed fireworks factory and storeroom to be constructed by the Petitioner in Survey Nos. 160/3, 160/4, 160/5A, 5B and 160/11 & 12, Kottainatham Village, Virudhunagar Taluk,

Virudhunagar District, within the time that may be stipulated by this Court.

For Petitioner in both W.Ps.

:Mr.M.Ajmkal Khan, Senior Counsel for M/s.Ajmal Associates For Respondents in both W.Ps.

:Mr.S.Chandrasekar Government Advocate COMMON ORDER Heard the learned counsel for the Petitioners and the learned Government Advocate appearing for the respondents. 2.According to the learned counsel for the Petitioners, the Petitioners made representations, dated 25.06.2014 to the second respondent seeking NOC from the Additional District Magistrate before commencing construction of the premises in question. It is the case of the Petitioners that they had applied for NOC for construction permission and approval of drawing of the site along with the documents as prescribed under Rule 113 of the Explosive Rules to the second respondent on 25.06.2014. Till date, it appears that the second respondent has not considered the Petitioner's application and it is the stand of the Petitioner that the second respondent is turning Nelson's eye to the same. As such, the Petitioners have been proposed to project the present Writ of Mandamus before this Court.

3.In view of the fact that the Petitioners seek only a limited relief in the present Writ Petitions by praying for passing of an order by this Court in issuing a direction to the second respondent to accord NOC and approval for the drawing of the proposed Fire Works Factory, pursuant to their representations dated 25.06.2014, this Court in the interest of justice and fair play, directs the second respondent/District Revenue Officer-cum-Additional District Magistrate, Virudhunagar District, Virudhunagar to consider the Petitioners' representations, dated 25.06.2014 in a fair, just and dispassionate manner and dispose of the same on merits by passing a reasoned, qualitative and quantitative order by ascribing necessary reasons therefor, of course, after providing adequate and necessary opportunities to the Petitioners and others by adhering the principles of natural justice within a period of ten weeks from the date of passing of the order.

4.With the aforesaid directions, the Writ Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer cum-Additional District Magistrate, Virudhunagar District, Virudhunagar.

+2 CC TO M/S.AJMAL ASSOCIATES SR.NO.946 & 944 +1 CC TO THE SPL.GOVT.PLEADER SR.NO.979 W.P(MD)Nos.163 & 226 of 2015 08.01.2015 RJ2 NA/21/01/2015/P3/6C