K.Esakkiappan v. The Deputy Secretary To Government

W.P.(MD)No.9331 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9331 of 2020 and W.M.P.(MD)Nos.8490 and 8491 of 2020 K.Esakkiappan ... Petitioner Vs.

1.The Deputy Secretary to Government Home (Pol.XIII) Department, Secretariat, Chennai-9.

2.The Additional Chief Secretary/Commissioner, Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai-600 005.

3.The District Revenue Officer and Additional District Magistrate, Thoothukudi District, Thoothukudi.

4.The Sub Collector, Thoothukudi District, Thoothukudi.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the third respondent in his proceeding Na.Ka.C4/2600/19 dated 24.10.2019 and quash the same and consequently directing the respondent to grant renewal of licence vide application dated 26.02.2019 according to Explosive Rules, 2008 to me within time limit stipulated by this Court. For Petitioner :

M/s.M.Shobana For Respondents :

Mr.C.Ramar Additional Government Pleader

O R D E R

Heard the learned counsel on either side.

2.The petitioner was granted license under the Explosives Act originally. It was periodically renewed. But it got expired long back. In the year 2019, the petitioner applied for renewal of his license. The said request was rejected by the impugned order dated 24.10.2019. The same is put to challenge in this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9331 of 2020 3.Even though the rejection order was made in October 2019, the writ petition was filed only in August 2020. There is unexplained delay in approaching this Court. That apart as rightly pointed out by the learned Additional Government Pleader, when the petitioner's temporary license expired in 2014 itself, the question of renewing it does not at all arise. The stand of the respondent is that if the petitioner applies for a fresh license, the same would be considered on merits and in accordance with law. 4.Recording the said submission made by the learned Additional Government Pleader, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Deputy Secretary to Government Home (Pol.XIII) Department,Secretariat, Chennai-9. 2.The Additional Chief Secretary/Commissioner, Revenue Administration,Disaster Management and Mitigation Department,Ezhilagam, Chennai-600 005.

3.The District Revenue Officer and Additional District Magistrate, Thoothukudi District, Thoothukudi.

4.The Sub Collector, Thoothukudi District,Thoothukudi.

+1 CC to M/s.GP ( SR-17972[F] dated 24/09/2020 ) W.P.(MD)No.9331 of 2020 and W.M.P.(MD)Nos.8490 and 8491 of 2020 23.09.2020 AL(CO) AP(05/10/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2