Allowed

Eswari v. The Divisional Administrative Magistrate cum Sub Collector

Madras HC25 Oct 2024WP(MD)/25927/2024

Case brief

AI extract

What is this about?

The High Court quashed a non-speaking order refusing license renewal due to lack of hearing and remanded the matter. The petitioner was allowed to run the shop pending fresh consideration.

What did the court decide?

Impugned order quashed and remanded for fresh consideration via fair hearing; petitioner permitted to run shop pending decision in 12 weeks.

Eswari Vs The Divisional Administrative Magistrate… — Writ and Judicial Review | Madras HC (2024)

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W.P.(MD) No.25927 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD) No.25927 of 2024 and W.M.P.(MD) No.21995 of 2024

Eswari

... Petitioner

-vs-

1.The Divisional Administrative Magistrate-cumSub Collector

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Palani, Dindigul District

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2.The Revenue Divisional Officer Palani Dindigul District

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3.The Thasildar Palani Dindigul District ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

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a writ of certiorarified mandamus calling for the records relating to the impugned order passed by first respondent vide his proceeding in Mu.Mu.No.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.25927 of 2024

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2007/2024/A7 dated 23.10.2024 and quash the same as illegal and consequently direct the first respondent to renew the petitioner's license bearing No.13/2021-22 to possess and sell the crackers in her shop within the period stipulated by this Court.

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For Petitioner : Mr.K.Althaf Sheriff for M/s.Ajmal Associates

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For Respondents : Mr.A.Kannan Additional Government Pleader

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O R D E R

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This writ petition has been filed challenging the order, dated 23.10.2024, passed by the first respondent, refusing to renew the petitioner's fire crackers licence.

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2. The petitioner has primarily challenged the impugned order, on the ground of violation of the principles of natural justice and on the ground that it is a non-speaking order.

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3. As seen from the impugned order, no opportunity of hearing was granted to the petitioner and the petitioner was not granted an

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.25927 of 2024

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opportunity to submit her explanation with regard to the allegations made by the first respondent under the impugned order.

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4. In view of the same, necessarily, the impugned order has to be quashed and the matter has to be remanded back to the first respondent for fresh consideration in accordance with law, after affording a fair hearing to the petitioner, including granting her the right to submit her explanation with regard to the charges levelled against her in respect of her fire crackers shop.

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5. For the foregoing reasons, the impugned order, dated 23.10.2024, passed by the first respondent, is hereby quashed and the matter is remanded back to the first respondent for fresh consideration by affording a fair hearing to the petitioner, including permitting her to file her explanation with regard to the charges levelled against her in respect of her fire crackers shop. The first respondent is directed to pass final orders within a period of twelve weeks from the date of receipt of a copy of this order. Till such time, the petitioner is permitted to run her fire crackers shop without causing any danger to the neighbourhood.

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_____________ Page 3 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.25927 of 2024

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6. With the above directions, this writ petition is disposed of. No

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costs. Consequently, connected miscellaneous petition is closed.

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25.10.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To: 1.The Divisional Administrative Magistrate-cumSub Collector, Palani, Dindigul District.

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2.The Revenue Divisional Officer, Palani, Dindigul District.

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3.The Thasildar, Palani, Dindigul District.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.25927 of 2024

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ABDUL QUDDHOSE, J.

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krk

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W.P.(MD) No.25927 of 2024 and W.M.P.(MD) No.21995 of 2024

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25.10.2024

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_____________ Page 5 of 5_

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https://www.mhc.tn.gov.in/judis

Eswari v. The Divisional Administrative Magistrate cum Sub Collector

Case brief

What is this about?

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Eswari v. The Divisional Administrative Magistrate cum Sub Collector

Case brief

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