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Madras High CourtWP(MD)/34547/2025allowed

S.Veni v. The District Revenue Officer Cum

2025-11-28Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.34547 of 2025 and W.M.P(MD)No.27323 of 2025 S.Veni ... Petitioner Vs.

The District Revenue Officer Cum, District Additional Magistrate, Thoothukudi District, Thoothukudi.

... Respondent 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 records in pursuant to the impugned order of the respondent vide his proceedings in Ni.Mu.(C4)E-3845492/2025 dated 28.10.2025 and quash the same as illegal and consequently directing to restore the petitioners license and permit her to continue business operation. For Petitioner : Mr.A.N.Ramanathan for Mr.I.Prabakaran For Respondent : Mrs.D.Farjana Ghoushia Special Government Pleader 1/6

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records in pursuant to the impugned order of the respondent vide his proceedings in Ni.Mu.(C4)E-3845492/2025 dated 28.10.2025 and quash the same as illegal and consequently directing to restore the petitioners license and permit her to continue business operation."

2. Mrs.D.Farjana Ghoushia, learned Special Government Pleader takes notice on behalf of the respondent.

3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that the property located in S.F.No. 83/1C2 situated at Kurippankulam Village, Eral Taluk, Thoothukudi District was owned by her husband Sathiyaseelan. The petitioner and her husband entered into an agreement of lease in respect of a Godown in the property for over a period of 10 years. Thereafter, they had applied for license to vend in retail fireworks from the competent authority under the 2/6

Explosives Act, 1884. The license was granted on 25.10.2021 and the same was renewed periodically and was extended lastly for the period 01.04.2022 to 31.03.2027.

5. While so, the petitioner was issued with a notice dated 28.10.2025 suspending her license on account of the accident that had taken place in a fire works manufacturing unit viz., M/s.Sivasakthi Fire Works located in the same locality. Aggrieved by the same, the petitioner is before this Court.

6. The learned counsel appearing for the petitioner would submit that the impugned order has been passed without affording a personal hearing to the petitioner.

7. The contentions raised by the learned counsel appearing for the petitioner were refuted by the learned Special Government Pleader appearing for the respondent.

8. Heard the learned counsel on either side.

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9. A mere perusal of the impugned order would show that the petitioner has not been given an opportunity of personal hearing. It would suffice if the petitioner is given an opportunity of personal hearing before any orders are passed. Therefore, the impugned order dated 28.10.2025 shall be treated as a show cause notice and the petitioner shall give an explanation to the same, within a period of four (4) weeks from the date of receipt of a copy of this order. Thereafter, the respondents shall hold an enquiry, give an opportunity of personal hearing to the petitioner and thereafter, pass orders within a period of four (4) weeks therefrom.

10. Therefore, the order dated 28.10.2025, suspending the petitioner's license is set aside. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

28.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To The District Revenue Officer Cum, District Additional Magistrate, Thoothukudi District, Thoothukudi.

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P.T.ASHA, J.

rgm W.P.(MD).No.34547 of 2025 and W.M.P(MD)No.27323 of 2025 28.11.2025 6/6