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Madras High CourtWP(MD)/24569/2025allowed

Shanthi v. The Additional Chief Secretary/Administrative Commissioner,

2025-09-11Honourable Ms. Justice P.T. Asha7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.24569 of 2025 and W.M.P(MD).No.19270 of 2025 Shanthi ..Petitioner Vs 1.The Additional Chief Secretary/ Administrative Commissioner, Revenue Administration and Disaster Management Department, Chepauk, Chennai-600 005. 2.The District Revenue Officer, Trichy District, Trichy.

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

4.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 Certiorarified Mandamus, calling for the 1/7

records relating to the impugned order of the first respondent in proceedings Se.Mu.Order.No.Va.Ni. 5(2)/4405/2025 dated 11.07.2025 read along with the impugned order of the second respondent in proceedings Moo.Mu.D. 2/2048046/2024 dated 31.12.2024 quash the same as illegal and consequently direct the respondent Nos.1 and 2 to grant permanent cracker license to the petitioner's crackers shop in the name of Saravana Crackers Shop at Old No. 1/601, New No.1/450/19, (S.F.No.547/9A, Vaiyampatty Village, Trichy District, within time frame.

For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition has been filed to quash the impugned order of the first respondent in proceedings Se.Mu.Order.No.Va.Ni. 5(2)/4405/2025 dated 11.07.2025 read along with the impugned order of the second respondent in proceedings Moo.Mu.D.2/2048046/2024 dated 31.12.2024 and consequential direction to the respondent Nos.1 and 2 to grant permanent cracker license to the petitioner's crackers shop in the name of 'Saravana Crackers Shop' at Old No.1/601, New No.1/450/19, (S.F.No.547/9A, Vaiyampatty Village, Trichy District, within time frame.

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2. Heard the learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the time of admission itself.

3. It is the case of the petitioner that her father-in-law, who was a license holder vide License No.2/2005-2006 dated 15.10.2005 on the file of the second respondent, had run the Cracker Shop in the name and style of 'Saravana Cracker Shop' in the premises at Old No.1/601, New No.1/450/19, Trichy Main Road, Vaiampatty Post, Manapparai Taluk, Trichy District and the said license was renewed till 31.03.2023 by the third respondent. The petitioner's father-inlaw died on 09.07.2022 and her husband made an application on 06.03.2023 and 29.05.2023 to the second respondent to transfer the license in his name for the very same crackers shop. The other family members have also given their no objection for the same.

Thereafter, the respondents interfered with the cracker shop business and hence, the petitioner's husband was constrained to file a writ petition in W.P(MD).No.27140 of 2023 seeking to forbear the respondents from interfering with his peaceful running of the said shop. The said writ petition was disposed of with the following directions: "2.

negatived. Copy of the said order is served to the petitioner. It is open to the petitioner to challenge the same.

3. It is seen that the petitioner's father was having license and he was running a shop since 2005 onwards. The petitioner's father is no more.

4. Considering the special facts and circumstances of this case, the District Revenue Officer, Trichy shall grant temporary licence to the petitioner for the current festival season alone. The rights of the petitioner are left open. "

4. Pursuant to the aforesaid order, the second respondent issued temporary license in the name of the petitioner's husband to run the petition mentioned shop from 10.11.2023 to 09.12.2023. Thereafter, the subject property was settled in favour of the petitioner by her husband on 02.01.2024. Based on the same, the petitioner submitted an application along with all necessary documents before the second respondent seeking permanent license for running the petition mentioned shop. However, the said application was not considered and hence, the petitioner has filed W.P(MD).No.26483 of 2024 and the same was disposed of by this Court directing the respondents therein to consider the petitioner's application dated 10.05.2024 within four weeks. In compliance therewith, the second respondent passed the impugned order rejecting the petitioner's request. Aggrieved over the same, the petitioner is before this Court.

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5. Considering the facts and circumstances of the case and also taking into consideration of the fact that from the year 2005 the petitioner's father-inlaw has been run the petition mentioned shop, which is a permanent shop, this Court is of the view that the impugned order needs to be interfered. Accordingly, it is set aside and this Writ Petition is allowed. The second respondent is directed to grant license to the petitioner to run the petitioner mentioned shop. No costs. Consequently, connected Miscellaneous Petition is closed.

11.09.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The Additional Chief Secretary/ Administrative Commissioner, Revenue Administration and Disaster Management Department, Chepauk, Chennai-600 005. 2.The District Revenue Officer, Trichy District, Trichy.

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

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

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.24569 of 2025 11.09.2025 7/7