Madras High CourtWP(MD)/20103/2017disposed of

P.Ammatchi, v. The District Revenue Officer

2018-07-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.20103 of 2017 and W.M.P.(MD).16390 of 2017 P.Ammatchi ... Petitioner vs.

1. The District Revenue Officer cum Additional District Magistrate, Tirunelveli.

2. The Tahsildar, Valliyoor Taluk, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the impugned order of the 1st respondent in his proceedings in Na.Ka.No.E4/21768/2017, dated 18.07.2017 and quash the same.

For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.J.Gunaseelanmuthaih Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order dated 18.07.2017 passed by the first respondent, wherein and whereby, the licence already granted to the petitioner under the Explosives Act, has been suspended.

2. Heard Mr.D.Srinivasaragavan, learned counsel appearing for the petitioner and Mr.J.Gunaseelanmuthaih, learned Additional Government Pleader appearing for the respondents.

3. Even though the petitioner was granted licence under the Explosives Act for the period from 01.04.2017 to 28.02.2018, the first respondent by the impugned order dated 18.07.2018 has suspended the said licence.

https://hcservices.ecourts.gov.in/hcservices/

4. According to the petitioner, the impugned order is bad in law, since it does not specify the period of suspension, as contemplated under Sections 6(E)3(b) of the Explosives Act. Apparently, the licence has expired on 28.02.2018 and as such no useful purpose would be served by quashing the impugned suspension order dated 18.07.2017.

5. In this back ground, the petitioner is granted liberty to make a fresh application seeking for renewal of her earlier licence that ended on 28.02.2018 and on a receipt of the same, the first respondent shall consider the same on his own merits and pass appropriate order, without being influenced by the earlier order of suspension, dated 18.07.2017. Such an exercise shall be considered, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The District Revenue Officer cum Additional District Magistrate, Tirunelveli.

2. The Tahsildar, Valliyoor Taluk, Tirunelveli District.

+ 1 cc TO Mr.D.Srinivasa Raghavan , Advocate in SR No. 73163 + 1 cc TO The Special Government Pleader in SR No. 73678 sji AE/PN/SAR3/26.07.2018/2P/5C W.P.(MD) No.20103 of 2017 and W.M.P.(MD).16390 of 2017 16.07.2018 https://hcservices.ecourts.gov.in/hcservices/