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Madras High CourtWP(MD)/25439/2024allowed

A. Sathakathulla v. The District Collector

2025-11-28Honourable Ms. Justice P.T. Asha7 pages

.BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.25439 of 2024 and W.M.P(MD).Nos.21586 and 21588 of 2024 A.Sathakathulla .. Petitioner Vs 1.The District Collector, Collectorate, Madurai.

2.The District Revenue Officer/ Additional District Executive Magistrate, O/o., District Revenue Officer, Collectorate, Madurai.

3.The Revenue Divisional Officer, Revenue Divisional Office, Melur, Madurai District.

4.The Tahsildar, Taluk Office, Melur Taluk, Madurai District.

5.The Superintendent of Police, Madurai, Madurai District.

.. Respondents 1/7

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Moo.Mu.No.C4/1983929/2024 dated 18.10.2024 passed by the second respondent and to quash the same and consequently direct the second respondent to grant renewal license to the petitioner's cracker shop for the year 2024-2025 bearing License No.21/2015 shop situated at Door No.10/563, VPC Complex, Karungalakudi, Melur Taluk, Madurai District, by considering the petitioner's renewal application dated 22.03.2024 within the time fixed by this Court. For Petitioner : Mr.PR.Prithiviraj For Respondents : Mrs.S.Jeya Priya Government Advocate (for R1 to R4) Mr.S.Prakash Government Advocate (Crl.side) (for R5)

ORDER

This writ petition has been filed to quash the impugned order in Moo.Mu.No.C4/1983929/2024 dated 18.10.2024 passed by the second respondent and consequential direction to the second respondent to grant renewal license to the petitioner's cracker shop for the year 2024-2025 bearing license No.21/2015, situated at Door No.10/563, VPC Complex, Karungalakudi, Melur Taluk, Madurai District, by considering the petitioner's renewal application dated 22.03.2024 within the time fixed by this Court. 2/7

2. Heard the learned counsel on either side. Despite the order of this Court, counter has not been filed. Therefore, this Court passed the following order on the available records.

3. It is the case of the petitioner that he was granted license to run the cracker shop in the name and style of "Sathakathulla Crackers Shop" in Melur Village. The said license was being renewed annually. For the year 2024-2025, the petitioner made an application on 22.03.2024 before the second respondent to renew the license. Pursuant to the same, the fourth respondent conducted enquiry and recommended the second respondent to grant renewal license to the petitioner. Subsequently, the second respondent conducted a spot inspection at the petitioner's shop and informed the petitioner that the license would be renewed shortly.

4. However, the second respondent vide his proceedings dated 08.10.2024 issued show cause notice to the petitioner asking him to provide explanation as to why the license issued in favour of him should not be cancelled. It is the case of the second respondent that there is a vacant portion in the first floor of the petitioner's shop and tin sheet shed installed in the second floor and where bananas are stored and shops are situated close to the 3/7

petitioner's shop. To this, the petitioner gave reply stating that there is free access available to the shop and requested him to accord personal hearing. However, to shock and surprise of the petitioner, the second respondent vide order dated 18.10.2024, cancelled the license granted to the petitioner, which, according to the petitioner, is illegal as the petitioner was not given a personal hearing before the order was passed.

5. Heard the learned counsel on either side.

6. A plain reading of the impugned order shows that it is arbitrary inasmuch as there is no explanation as to how the authorities, who had initially granted the license in the year 2015 and had been renewing it every year, has denied the request for license without disclosing any change in circumstances. That apart, the order has been passed without giving a personal hearing to the petitioner and without considering the explanation of the petitioner. Therefore, the impugned order is the non-speaking order and the same has to necessarily be set aside.

Accordingly, the impugned order in Moo.Mu.No.C4/1983929/2024 dated 18.10.2024 is set aside and the Writ Petition is allowed. The second respondent is directed to renew the license to the petitioner's cracker shop subject matter of this writ for the year 2024-2025. No costs. Consequently, connected Miscellaneous Petitions are closed. 4/7

7. The respondents are directed to deposit a sum of Rs.10,000/- to the credit of Chief Justice Relief Fund for the District Judiciary as cost on or before 09.12.2025. memo to that effect should be filed by 10.12.2025.

8. Post the matter 'for reporting compliance' on 10.12.2025. 28.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The District Collector, Collectorate, Madurai.

2.The District Revenue Officer/ Additional District Executive Magistrate, O/o., District Revenue Officer, Collectorate, Madurai.

3.The Revenue Divisional Officer, Revenue Divisional Office, Melur, Madurai District.

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4.The Tahsildar, Taluk Office, Melur Taluk, Madurai District.

5.The Superintendent of Police, Madurai, Madurai District.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.25439 of 2024 28.11.2025 7/7