Shanthi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.22434 of 2024 Shanthi ... Petitioner Vs.

1.The District Revenue Officer, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam, Trichy District.

3.The District Officer, Fire & Rescue Department, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's application dated 10.05.2024 for granting permanent cracker license to the petitioner's crackers shop in the 1/6

name of Saravana Crackers Shop at Old No.1/601, New No.1/367, (SF No.547/9A, Vaiyampatty Village, Trichy District), Trichy Main Road, Vaiampatty Post, Manapparai Taluk, Trichy District, within time frame as fixed by this Court.

For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner's father-in-law / Thiru R.Ayyasamy was a license holder for running crackers shop in the name and style of "Saravana Crackers Shop" in the premises at Old No.1/601, New No.1/367, Trichy Main Road, Vaiyampatty Post, Manapparai Taluk, Trichy District, in a License No.2/2005-2006 dated 15.10.2005 as issued by the first respondent. Later on 09.07.2022, Thiru.R.Ayyasamy passed away, but 2/6

the license in his name stood valid till 31.03.2023. Following which the petitioner's husband / A.Saravana Kumar made an application on 06.03.2023 and 29.05.2023 to the first respondent seeking transfer of license to his name from the name of Late Thiru.R.Ayyasamy. Since the same was not considered, the petitioner's husband filed Writ Petition in W.P(MD)No.27140 of 2023 before this Court and the same was disposed of by this Court vide order dated 09.11.2023 in which this Court directed the District Revenue Officer, Trichy to grant temporary license to the petitioner during current festival season alone. Thereafter, by proceedings in Na.Ka.D2/730660/2023 dated 05.09.2023, the first respondent passed an order rejecting the application made by the petitioner's husband A.

Saravana Kumar for transfer of license with liberty to make an application afresh. In view of the same, the petitioner had made an application afresh on 10.05.2024 to the first respondent along with No Objection Certificate from the Tamil Nadu Fire Service Department. The jurisdictional Police has also issued No Objection Certificate in this regard. Even thereafter the petitioner's application is not considered and hence, this Writ Petition came to be filed.

4. Without going into the merits of this case, this Court hereby direct the first respondent to consider the petitioner's application for grant of permanent cracker license to the petitioner's cracker shop in the name and style of "Saravana Crackers Shop" in the premises at Old No. 1/601, New No.1/367, Trichy Main Road, Vaiyampatty Post, Manapparai Taluk, Trichy District by considering the application dated 10.05.2024 and pass appropriate order within a period of four weeks from the date of receipt of a copy of this order.

5. This Writ Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

05.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Revenue Officer, Trichy District, Trichy.

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2.The Revenue Divisional Officer, Srirangam, Trichy District.

3.The District Officer, Fire & Rescue Department, Trichy District.

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L.VICTORIA GOWRI , J.

MGA and W.M.P(MD)No.22434 of 2024 05.11.2024 6/6