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Madras High CourtWP Crl.(MD)/41/2025allowed

S.Arumugam v. The Deputy Inspector Of Police

2025-09-16Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.41 of 2025 S.Arumugam ... Petitioner Vs.

1.The Deputy Inspector General of Police/ The Commissioner of Police Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli City Police Station Tirunelveli Town.

(Crime No.12 of 2023)

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in his G6/E-9881950/23/2025 dated 13.05.2025 and quash the same as illegal and consequent there on directing the 1st respondent renew the permanent crackers business license for the period 01.04.2025 to 31.03.2026, to the shop No.82, situated at No.22-H, Thondar Sannathi Bazar, Tirunelveli Town by considering the petitioner's application dated 03.03.2025. For Petitioner : Mr.N.Marimuthu For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/5

ORDER

The Writ Petition is filed to quash the impugned order passed by the first respondent dated 13.05.2025 and to direct the first respondent to grant renewal of crackers business license from 01.04.2025 to 31.03.2026.

2. It is the case of the petitioner that he is running a cracker shop from the year 2011 at Shop No.82, Door No.22-H, Thondar Sannathi Bazar, Tirunelveli Town; that the respondents have rejected his application for renewal of licence to run the cracker shop; that when a similar order was passed in the year 2024, he had approached this Court in W.P.(MD).No.19429 of 2024 and this Court, by order dated 02.09.2024, had quashed the proceedings and directed the respondents to issue renewal licence; and that for the very same reason, the impugned order has been passed rejecting the request and sought for quashing of the impugned order.

3. The respondents have filed a counter affidavit reiterating the reasons stated in the impugned order.

4. It is not in dispute that the reasons for rejection of the renewal licence in the impugned order is the same as that was given in the order impugned in W.P.(MD).No.19429 of 2024. The reasons are that the petitioner's shop is 2/5

situated in a crowded area and that it is not fit for running a cracker shop. In fact, this Court, while quashing the order impugned dated 29.07.2024 had observed as follows:

"6. No doubt, Fire Service Department has already given no objections for the said place.

7. When the writ petitioner was having the cracker shop from 2011 in the same place, this Court is at loss to understand as to how the said reason was assigned by the first respondent that the proposed place is not fit for the cracker shop.

8. Considering the quashment of the cases pending against the writ petitioner and also the fact that the writ petitioner was having the shop from 2011, the impugned rejection order cannot be sustained and as such, the same is liable to be quashed."

5. It is not in dispute that the Fire Service Department had given no objection certificate. It is also not in dispute that the respondents had not challenged the order passed by this Court in W.P.(MD).No.19429 of 2024 dated 02.09.2024. Considering the fact that this Court had earlier directed the respondents to issue renewal licence since the petitioner was running a cracker shop in the same place from 2011, this Court is of the view that the reasons assigned by this Court in W.P.(MD).No.19429 of 2024 for setting aside the 3/5

order dated 29.07.2024 would be applicable for quashing the impugned order dated 13.05.2025. Accordingly, the impugned order is quashed and the first respondents are directed to issue renewal of licence within a period of ten (10) days from the date of receipt of a copy of this order.

6. This Writ Petition is allowed. There shall be no order as to costs. 16.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm Note : Issue order copy by 18.09.2025.

To 1.The Deputy Inspector General of Police/ The Commissioner of Police Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli City Police Station Tirunelveli Town.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Lm W.P.Crl.(MD).No.41 of 2025 16.09.2025 5/5