A.Krishnasamy, v. The Chief Controller Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD) Nos.18926 to 18941 of 2018 Prayer in W.P(MD).No.21119 of 2018 A.Krishnasamy .. Petitioner Vs.
1.The Chief Controller of Explosives, Department of Explosives, AA Block, 5th Floor, C.G.O.Complex, Seminary Hills, Nagpur-440006.
2.The Joint Chief Controller of Explosives, South Circle, 2nd Floor, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai.
3.The Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Complex, Sivakasi, Virudhunagar District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records of the third respondent in his proceedings No.E/SC/TN/24/84(E 19932) dated 24.11.2016 and the consequential orders passed by the first respondent in his proceeding No.R.4(2) 83/Appeal No.60/2017 dated 08.06.2017 and the consequential order passed by the third respondent in No.E/SC/TN/24/84 (E 19932) dated 11.06.2018 and quash the same and consequently direct the respondents to permit the petitioner to carry on cracker sale business as per the licence granted by the second respondent on 09.04.2015.
In all cases For Petitioners :
No-appearance For Respondents :
Mr.K.Govindarajan Deputy Solicitor General of India for R1 Mr.P.Subbiah for R2 and R3 COMMON ORDER The petitioners, who were running the cracker shops, have filed these Writ Petitions challenging the impugned suspension orders passed by the third respondent dated 24.11.2016 suspending the licences of the petitioners for running the cracker shops and the consequential orders passed by the first respondent dated 08.06.2017 and 31.05.2017
respectively and also the orders passed by the third respondent dated 11.06.2018.
2. When the matters are taken up for hearing today, there is no representation for the petitioners.
3. The learned Deputy Solicitor General of India appearing for the first respondent submits that the petitioners have violated the provisions of law under the Explosives Rules, 2008 and therefore, the petitioners' licences for running the cracker shops were suspended by the Authorities concerned, which is under challenge in these Writ Petitions. He further submits that the period of licence was also over.
4. Considering the submissions made by the learned Deputy Solicitor General of India appearing for the first respondent and the fact that the licences granted to the petitioners for running the cracker shops were suspended by the Authorities concerned and that the licence period was over, this Court is not inclined to entertain these Writ Petitions.
5. Accordingly, these Writ Petitions are dismissed. There shall be no order as to costs. Connected miscellaneous petitions are also closed. 01.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes ssb To 1.The Chief Controller of Explosives, Department of Explosives, AA Block, 5th Floor, C.G.O.Complex, Seminary Hills, Nagpur-440006.
2.The Joint Chief Controller of Explosives, South Circle, 2nd Floor, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai.
3.The Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Complex, Sivakasi, Virudhunagar District.
B.PUGALENDHI, J.
ssb Dated : 01.12.2023