Allowed

Chennai Metro Fire Works v. the Chief Secrertary

Madras HC3 Sept 2014WP/2943/2014

Case brief

AI extract

What is this about?

Allowed two petitioner fire works dealers associations to bid collectively for the Deepavali Cracker Sale Scheme. Permitted associations to meet financial requirements based on combined worth of members and consider collective experience, treating them as individual members bidding collectively rather than a partnership.

What did the court decide?

Petitioner associations permitted to make collective bid; financial requirements met based on combined worth of individual members; experience of individual members considered collectively.

Chennai Metro Fire Works Vs the Chief Secrertary — Service and Employment | Madras HC (2014)

¶1

In the High Court of Judicature at Madras

¶2

Dated: 03.09.2014

¶3

Coram:

¶4

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.SATHYANARAYANAN

¶5

Writ Petition Nos.2943 and 21985 of 2014

¶6

Chennai Metro Fire Works Dealers Association rep. By its Executive Secretary N.P.M. Shaik Abdulla No.31, Bundar Street Chennai 600 001. .. Petitioner in WP.No.2943/2014 Chennai Fire Works Dealers Welfare Association rep. By its Executive President R. Natarajan No.5, Ramasamy Street Purasawalkam, Chennai 600 084. .. Petitioner in WP.No.21985/2014 vs. 1. The Chief Secretary Government of Tamil Nadu Fort St. George Chennai 600 009. 2. Tamil Nadu Tourism Development Corporation Limited rep. By its Managing Director Wallajah Road Chennai 600 002. 3. The Commissioner Chennai Corporation Rippon Buildings Chennai 600 003. 4. The Joint Chief Controller of Explosives Explosives Department Lakshmipathi Road Egmore, Chennai 600 008.

¶7

https://hcservices.ecourts.gov.in/hcservices/

¶8

The Commissioner of Police Vepery, Chennai.

¶9

The Director Tamil Nadu Fire and Rescue Services Egmore, Chennai 600 008. .. Respondents in both petitions.

¶10

PRAYER: Writ Petition No. 2943/2014 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 2 to 6 to allow the Island Ground Deepavali Crackers Sale Scheme exclusively to the members of the Petitioner Association hereafter from October 2014 onwards or in the alternative permit the members of the Association to continue their Deepavali seasonal cracker sales in their own/rental shops at Bunder Sreet, Badrian Street, Anderson Street, Malayaperumal Street, Umperson Street and NSC Bose Road, by issuing necessary No Objection Certificate, temporary licence etc., as per requiredRrules.

¶11

Writ Petition No. 21985 of 2014 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 2 to 6 to allot sites in the rear side of Island Grounds, Chennai 600 009, for the members of the petitioner Association for erection of shops/sheds in accordance with Explosives Rules, 2008 for carrying on the trade of sale of crackers/fire works and issue appropriate NOC/licence.

¶12

For Petitioner (WP.2943/2014): Mr. P.T. Perumal For Petitioner(WP.21985/2014): Mr. A. Jenasenan For Respondents : Mr.S.T.S.Moorthy Govt. Pleader for R1, 4, 5 & 6 Mr.P.H.Arvind Pandian, AAG assisted by Mr.R.Bala Ramesh for R2 in WP.No.2943/2014 asst. by Mr.RAS.Senthilvel for R2 in W.P.No.21985/2014 Mr.A.P.Balasubramanian for R3

¶13

COMMON ORDER (Made by The Hon'ble The Chief Justice)

¶14

Learned Additional Advocate General appearing for the respondents states that he has obtained written instructions and so long as the eligibility criteria applicable are met by the members of the Associations collectively, including the financial criteria, the two Associations can be permitted to bid jointly. It is urged by the learned counsel for the two petitioner associations that the total number of persons is 117 i.e., the persons, who are originally

¶15

https://hcservices.ecourts.gov.in/hcservices/

¶16

carrying on business when directions were issued to shift their locations.

¶17

We, thus, dispose of the writ petitions in the following agreed terms:

¶18

(a) The two petitioner Associations will be permitted to make a collective bid.

¶19

(b) Insofar as the financial requirements are concerned, the two Associations are permitted to meet the same on the basis of the worth of the individual members and the same being added together. (c) The experience of the individual members in the field of sale of crackers would also accordingly be taken note of.

¶20

(d) The licences to be obtained by the individual members would be as per the requirement and as understood, temporary licenses are issued for the period concerned to carry on business.

¶21

(e) In the nature of things, the conditions applicable to Partnership and Companies would not apply, as it is really in the nature of bid of individual members collectively through their two Associations.

¶22

These writ petition accordingly stand disposed of. No costs.
Consequently, M.P.Nos.1 +1 of 2014 are closed.
Sd/-
Assistant Registrar
Dated: 03.09.2014
//True Copy//
Sub Assistant Registrar
To
1. The Chief Secretary
Government of Tamil Nadu
Fort St. George
Chennai 600 009.
2. The Managing Director
Tamil Nadu Tourism Development
Corporation Limited
Wallajah Road
Chennai 600 002.
3. The Commissioner
Chennai Corporation
Rippon Buildings
Chennai 600 003.

¶23

https://hcservices.ecourts.gov.in/hcservices/

¶24

The Joint Chief Controller of Explosives Explosives Department Lakshmipathi Road

¶25

Egmore, Chennai 600 008.

¶26

The Commissioner of Police Vepery, Chennai.

¶27

The Director Tamil Nadu Fire and Rescue Services Egmore, Chennai 600 008.

¶28

1 CC to Mr.Trafic Ramaswamy, SR.No.41357

¶29

1 CC to Mr. A. Jenasenan, Advocate SR.No.41116

¶30

1 CC to Mr.R.Bala Ramesh, Advocate SR.No.41170

¶31

1 CC to Mr.A.P.Balasubramani Advocate SR.No.41338 1 CC to the Government Pleader, SR.No.41277 W.P. Nos. 2943 & 21985 of 2014

¶32

TAD(CO) JJM (03.09.2014)

¶33

https://hcservices.ecourts.gov.in/hcservices/

Chennai Metro Fire Works v. the Chief Secrertary

Case brief

What is this about?

What did the court decide?

Chennai Metro Fire Works v. the Chief Secrertary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Owners and Parties Interested Vs Golden Harvest Shipping

S.G. Sekar Vs Mrs. Shantha Bai

V.Rajkumar Vs The State of Tamilnadu

M.Balkis Vs The State of Tamilnadu

M.v.Ramani Vs The Chairman

A.P.Asmath Ali Vs The Government of Tamilnadu