Disposed

S.Suresh Kannan, v. the Additional Director

Madras HC31 Oct 2018WP(MD)/21957/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court directed the Commissioner of Police to issue a temporary cracker license to the petitioner for the Deepavali season. This remedy, subject to safety conditions, was granted because the shop failed to meet permanent license requirements under Explosive Rules.

What did the court decide?

The petitioner was directed to issue a temporary cracker license for the present Deepavali season, subject to reasonable safety conditions.

S.Suresh Kannan, Vs the Additional Director — Service and Employment | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 31.10.2018

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CORAM:

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THE HONOURABLE MR.JUSTICE V.PARTHIBAN

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W.P.(MD) No.21957 of 2018

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and

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W.M.P.(MD) Nos.19901, 19902 & 19903 of 2018

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S.Suresh Kannan ... Petitioner

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vs.

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1.The Additional Director

General of Police

Law & Order

Kamarajar Salai

Mylapore, Chennai-600 004

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2.The Commissioner of Police

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Madurai City, Madurai

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3.The Inspector of Police

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Anna Nagar Police Station, Madurai ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records pertaining to the impugned order passed by the 1^st Respondent in his proceedings Rc.No.174169/A&R.2/2017, dated 17.10.2018 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently direct the Respondents from preventing the Petitioner's shop at Plot No.653, K.K.Nagar, Madurai-20 for selling of crackers.

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For Petitioner : Mr.M.V.Venkataseshan For Respondents : Mr.S.Angappan Government Advocate (Civil Side)

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O R D E R

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After notice was ordered, Mr.S.Angappan, learned Government Advocate (Civil Side), has entered appearance on behalf of the respondents and produced a status report of the Commissioner of Police, Madurai City, dated 30.10.2018. In the said status report, the reasons for rejection of the petitioner's claim have been stated as under:

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

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Explosiv e Rule	Description	Reason for rejection
83(4)(a)	The shop shall be located on the ground floor of a building completely separated from other parts of the building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards.	The shop has no separate concrete walls. The shop walls are shared by the adjacent shops and no satisfactory emergency exit as per the norms.
83(4)(c)	The shop shall not be situated under the upper floor used for the purpose of dwelling.	The shop is located in a commercial complex in ground floor. In the first floor there are a beauty parlor and an office. In the rear side there is a ladies hostel.

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2. According to the status report, the petitioner is not eligible for issuance of permanent cracker license in view of the deficiency as pointed out therein. However, the status report concludes that the petitioner is eligible for issuance of temporary cracker license, during the festival seasons, in the existing premises. The operative portion of the status report, as found in Paragraph Nos.5 and 6, is extracted hereunder:

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“5) The premises opted by the applicant is not eligible for issue of Permanent Cracker License as per the rules described in para-1 above. If the applicant opt a separate new premise as per Explosive Rules,-2008, it could be considered for change of premise and renewal for the issued Permanent Cracker License.

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6) Otherwise, the applicant shall be issued only Temporary Cracker License, during the festival seasons in the existing premises.”

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3. In view of the above status report, the second respondent is directed to issue temporary cracker license to the petitioner for running his cracker business in the existing premises for the present Deepavali season alone. It is also made clear that while granting temporary cracker license to the petitioner, it is open to the second respondent to impose any reasonable safety https://hcservices.ecourts.gov.in/hcservices/ conditions on the petitioner. It is further made clear the present order is confined only for the present Deepavali season and the same does not confer any right on the petitioner for

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seeking permanent cracker license without rectifying the defects as pointed out in the status report. It is also made clear that it is open to the petitioner to approach the Authority concerned for grant of permanent cracker license, after rectifying the defects as pointed out by the Authority in this regard.

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4. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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Sub Assistant Registrar(CS-IV)

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To:

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1.The Additional Director General of Police, Law & Order, Kamarajar Salai, Mylapore, Chennai-600 004.

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2.The Commissioner of Police, Madurai City, Madurai.

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3.The Inspector of Police, Anna Nagar Police Station, Madurai.