R.Uthaykumar v. The Government Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD) Nos.8721 & 8722 of 2019 R. Uthayakumar ... Petitioner vs.

1. The Government of Tamilnadu, By its Secretary, Revenue Department, Chennai.

2. The District Revenue Officer and Additional District Magistrate, Tiruchirappalli.

3. The Revenue Divisional Officer, Musiri.

4. The Inspector of Police, Thuraiyur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the second respondent proceedings Na.Ka.D2/290/2013, dated 20.05.2013 and quash the same as illegal and direct the second respondent to renew the licence of the petitioner for the year 20192020 as per the application of the petitioner, dated 05.02.2018. For Petitioner : Mr.S. Muthukrishnan For Respondents : Mr.T. Gunaseelan Muthiah Additional Government Pleader

O R D E R

The instant Writ Petition is filed to quash the proceedings issued by the second respondent, dated 20.05.2013 in Na.Ka.D2/290/2013 and also sought for a direction to the second respondent to renew the licence of the petitioner for the year 20192020 as per the application of the petitioner, dated 05.02.2018.

2. According to the petitioner, the petitioner is a licensee under Explosive Act for manufacturing of 15kgs of gun powder (for fire works) at the premises in Karappudaiyanpatti Village S.F.No.66/17C, Thuraiyur Taluk, Trichy, in the name of Ramavilas Fire Works. On 16.05.2013, at about 05.45 p.m., there was explosion and in that fire accident, one woman was died and thereafter, his 1/3

license was suspended. Thereafter, the petitioner has applied for renewal of his license and the same was rejected by the second respondent. Aggrieved over the same, the petitioner is before this Court.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents.

4. On instructions, the learned Additional Government Pleader appearing for the respondents submitted that the petitioner has to comply with all statutory requirements to reconstruct the building and then submit the application along with No Objection Certificate to the concerned authorities.

5. In view of the above submission made by the learned Additional Government Pleader, the petitioner is directed to submit his renewal application to the second respondent, after complying all statutory requirements. After reconstruction of the building and after getting No objection certificate from the Fire Department and other statutory requirements, the second respondent is directed to consider the same and pass an orders, as expeditiously as possible.

6. With the above directions, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS ) ksa To:

1. The Secretary, Government of Tamilnadu, Revenue Department, Chennai.

2. The District Revenue Officer and Additional District Magistrate, Tiruchirappalli.

3. The Revenue Divisional Officer, Musiri, Trichy District

4. The Inspector of Police, Thuraiyur, Trichy District 2/3

+1 CC to Mr.S.MUTHU KRISHNAN, Advocate ( SR-96014[F] dated 05/11/2019 ) +1 CC to SPL GP ( SR-96105[F] dated 05/11/2019 ) 04.11.2019 MK (19.12.2019) 3P 7C 3/3