Fire crackers shop owner sought mandamus for renewal of his expired licence despite paying fees before expiry and making representations. The Court directed the Revenue Divisional Officer to pass final orders on merits within six weeks and permitted the petitioner to run the shop till then.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.25923 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.25923 of 2024
R.Shanmugam
... Petitioner
-vs-
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to renew the petitioner's license immediately the Deepavali day is 31.10.2024 atleast 5 days by considering his representation dated 23.10.2024.
Page 1 of 5
W.P.(MD) No.25923 of 2024
For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.A.Kannan Additional Government Pleader
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the second respondent to renew the petitioner's fire crackers licence based on the petitioner's representation dated 23.10.2024, within a time frame to be fixed by this Court.
2. The petitioner is running a fire crackers shop and has been renewing his licence periodically from 2014 onwards. The last such renewal granted by the respondents got expired on 31.03.2024. The petitioner claims that even prior to the expiry date, on 12.02.2024, he paid the requisite fees and had requested the respondents to renew his licence for a further period. However, according to the petitioner, till date, his application seeking for renewal his fire crackers licence has not been considered. The petitioner has also given a subsequent representation on 23.10.2024 seeking for renewal of his licence. Since the same has not been considered, he has filed this writ petition.
Page 2 of 5
W.P.(MD) No.25923 of 2024
3. Mr.A.Kannan, learned Additional Government Pleader, accepts notice on behalf of the respondents.
4. No prejudice will be caused to the respondents, if the petitioner's application seeking for renewal of licence, dated 12.02.2024, is considered on merits and in accordance with law, within a time frame to be fixed by this Court. Till such time, necessarily, the petitioner should be allowed to carry on his business of running his fire crackers shop by the respondents, provided he does not commit any statutory violations.
5. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's application dated 12.02.2024 seeking for renewal of his fire crackers licence, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till final orders are passed, the respondents shall not disturb the petitioner from running his fire crackers shop at the place mentioned in this writ petition.
Page 3 of 5
W.P.(MD) No.25923 of 2024
6. With the above directions, this writ petition is disposed of. No
costs.
25.10.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
Page 4 of 5
W.P.(MD) No.25923 of 2024
ABDUL QUDDHOSE, J.
krk
W.P.(MD) No.25923 of 2024
25.10.2024
Page 5 of 5
2 issues framed by the court
Should the second respondent be directed to decide the petitioner's fire crackers licence renewal application dated 12.02.2024 within a time frame?
Can the petitioner continue running his fire crackers shop pending the renewal decision?
1 provisions across 1 enactments
R.Shanmugam
The District Revenue Officer Tiruchirappalli Tiruchirappalli District
The Revenue Divisional Officer Lalgudi, Tiruchirappalli
The Tahsildar Mannachanallur Tiruchirappalli District
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
