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Madras High CourtWP(MD)/15931/2021disposed of

Real Stone Explosives v. The Joint Chief Controller Of Explosives

2025-09-26Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.15931 of 2021 and W.M.P(MD)Nos.12867 and 12868 of 2021 Real Stone Explosives, Rep. By Its Authorized Signatory, S.Venkatesh, 108/C, Sridevi Mangalam South Village, Manachanallur Taluk, Tiruchirapalli ... Petitioner Vs.

1. The Joint Chief Controller Of Explosives, Ministry Of Commerce And Industry Petroleum and Explosives Safety Organization South Circle, A And D Wing Block 1-8, 2nd Floor, Shastri Bhavan, 26, Haddous Road, Nungambakkam, Chennai.

2. The District Revenue Officer, And Additional District Magistrate, Office of the District Revenue Officer, Collectorate, Tiruchirapalli, Tiruchirapalli District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings in R.Dis D2/9779/2021 dated 13.08.2021 (served to the petitioner on 31.08.2021) and the consequential impugned order passed by the 1st respondent in his proceedings in No.E/SC/TN/22/747 (E124595) dated 30.08.2021 and quash the same as illegal. For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For R1 : Mr.R.Senthil Kumar Central Government Standing Counsel For R2 : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

The writ petition has been filed to quash the impugned order passed by the 2nd respondent dated 13.08.2021 and the consequential impugned order passed by the 1st respondent dated 30.08.2021

2. The facts as set out in the affidavit filed in support of the writ petition reads as under:- 2/6

The petitioner would submit that he is the owner of the land in S.No.108/5A, 108/5B, 108/5C, 108/5D, 108/6C and 108/6D at Managalam, South Village, Manachanallur Taluk, Trichy District. In the said land, he has put up an explosives business in the name and style of M/s.Real Stone Explosives. The petitioner would submit that he had obtained No Objection Certificate (NOC) from the 2nd respondent vide proceedings dated 20.03.2020 and thereafter, he was granted license from the 1st respondent vide proceedings dated 13.01.2021 to purchase explosive items thrice per month. The petitioner would submit that since he did not have sufficient explosives for distribution, the petitioner decided to increase the quantum of purchase from thrice to ten times per month, for which he has made an application. The same was granted by the 1st respondent on 29.06.2021.

3. The petitioner would submit that he is using the lands in S.No.246/12A, 246/12B, 246/13, 246/14 and 246/15 as a pathway for transporting the explosives to the main road and the said lands also belongs to him. He would further submit that he is also using the land in 3/6

S.No.325/12 as a pathway. As per the 'A' register the said land is classifed as "Vandi Pathai".

4. That apart, he would submit that the land in S.No.247 belongs to HR&CE Department and the said land is being used by the petitioner, for which he has also sought for permission and the same is pending. While so, on 13.08.2021, the 2nd respondent had cancelled the NOC issued to the petitioner, stating that there is no pathway to the petitioner's premises viz., M/s.Real Stone Explosives. The said impugned order dated 13.08.2021, was served to the petitioner only on 31.08.2021. Challengig the same, the petitioner is before this Court.

5. Heard the learned counsel on either side.

6. It is informed that the reasons given for the issue of the impugned order dated 13.08.2021 was that on inspection and scrutiny, it appears that there was no pathway to reach the petitioner's premises. However, the petitioner would submit that there are two pathways to reach the said property.

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7. Considering the above, the 2nd respondent is directed to consider the petitioner's request afresh and if there is a access to the petitioner's property, the 2nd respondent shall consider reviewing his earlier order dated 13.08.2021, provided all other parameters are in order, and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.

8. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. 26.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.T.ASHA, J.

rgm To

1. The Joint Chief Controller Of Explosives, Ministry Of Commerce And Industry Petroleum and Explosives Safety Organization South Circle, A And D Wing Block 1-8, 2nd Floor, Shastri Bhavan, 26, Haddous Road, Nungambakkam, Chennai.

2. The District Revenue Officer, And Additional District Magistrate, Office of the District Revenue Officer, Collectorate, Tiruchirapalli, Tiruchirapalli District.

W.P.(MD).No.15931 of 2021 and W.M.P(MD)Nos.12867 and 12868 of 2021 26.09.2025 6/6