M/S.Jehorah Fire Works Factory v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.6298 of 2025 M/s.Jehorah Fire Works Factory Rep. by its Proprietor M.Muniasamy : Petitioner Vs.

1. The District Revenue Officer, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. Chinnaraj : Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Ni.Mu.E4/1829/2023 dated 07.03.2025 and quash the same as illegal and consequently direct the 1st respondent to grant permission to the petitioner to start fireworks factory in his land in S.No. 1/5

76/1, 92 of Thammanaickenpatti Village, Virudhunagar District. For Petitioner : Mr.P.Gunasekaran For Respondent : Mr.C.Venkatesh Kumar Spl. Government Pleader for R1 and R2 Mr.T.Lajapathi Roy, Senior Counsel for Mr.G.Mariappan for R3

O R D E R

This Writ Petition has been filed by the petitioner challenging the rejection order dated 10.03.2025, issued by the first respondent, refusing the grant of licence and consequently, for a direction to the first respondent to grant permission to the petitioner to establish a fireworks factory in his land situated in S.Nos.76/1 and 92 of Thammanaickenpatti Village, Virudhunagar District.

2. Heard the learned counsel for the parties.

3. When the matter was taken up for hearing, the learned Special Government Pleader, appearing on behalf of the respondents 1 and 2, on instructions, submitted that the petitioner has an adequate and effective alternate remedy under Rule 121 of the Explosives Rules, 2008. 2/5

The learned Special Government Pleader further submitted that any person aggrieved by an order refusing to grant or renew a license has the right to file an appeal before the appellate authority.

4. It is a settled principle of law that when an alternate remedy is provided by statute, a party must exhaust such remedy before seeking judicial intervention through a writ petition. Accordingly, the Writ Petition stands disposed of, granting liberty to the petitioner to approach the appellate authority within a period of two weeks from the date of receipt of a copy of this order. In case, any such appeal is filed by the petitioner, the appellate authority shall entertain the appeal and pass appropriate orders on its own merits and in accordance with law within two months thereafter, without reference to the period of limitation. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.04.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The District Revenue Officer, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

4/5

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.8421 of 2025 22.04.2025 5/5