Madras High CourtWP(MD)/19146/2017disposed of

S.Chandran, v. The Commissioner Of Police,

2017-12-11Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19146 of 2017 and W.M.P(MD)No.15539 of 2017 S.Chandran .. Petitioner Vs.

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The District Fire Officer, Fire and Rescue Operation, Tirunelveli District, Tirunelveli.

3. The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents particularly the first respondent to renew the crackers license issued under Explosive Act, 2008 to the petitioner for selling of crackers at No.168, Tiruchendur Road, North Bazaar, Palayamkottai, Tirunelveli District, vide License No.COP.L.No.59, by considering the petitioner's renewal application, dated 23.03.2017. For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the first respondent to renew the petitioner's crackers shop license in No.COP.L.No.59, based on his renewal application, dated 23.03.2017.

2.Heard both sides.

3.The petitioner made a renewal application, dated 23.03.2017, to the first respondent, along with required fee, seeking to renew his cracker's shop license in No.COP.L.No.59, https://hcservices.ecourts.gov.in/hcservices/

which was expired on 31.03.2017. The said application has not been disposed of, till date.

4.The learned counsel for the petitioner would submit that it would be suffice, if the application of the petitioner, dated 23.03.2017, is directed to be disposed of by the first respondent, as per law.

5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the application of the petitioner, dated 23.03.2017, for renewal of crackers shop license, if it is filed well within the time limit, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner so as to produce the required certificates obtained from the authorities concerned, on or before 20.01.2018. It is directed that the interim order, dated 12.10.2017, with regard to temporary licence, is extended, till then.

6.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The District Fire Officer, Fire and Rescue Operation, Tirunelveli District, Tirunelveli.

3. The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli District.

+ 1 CC TO Mr.S.PALANI VELAYUTHAM, ADVOCATE IN SR No. 92564 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 92234 SMN TE/MR/SAR-1 : 08/01/2018 : 2P/6C ORDER MADE IN W.P(MD)No.19146 of 2017 and W.M.P(MD)No.15539 of 2017 11.12.2017 (1/10) https://hcservices.ecourts.gov.in/hcservices/