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2025 DAILYLAW 111117 (MAD)

N.UMAPATHI v. THE DISTRICT COLLECTOR

WP/38160/2025 · 2025-10-10

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Nos.38160 & 38163 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.10.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.38160 & 38163 of 2025 and W.M.P.Nos.42640 & 42643 of 2025 1.N.Umapathi ... Petitioner in W.P.No.38160 of 2025 2.N.Dinesh Kumar ... Petitioner in W.P.No.38163 of 2025 Vs. 1.The District Collector, Tiruvallur District, Tiruvallur. 2.The Additional District Magistrate cum District Revenue Officer, Tiruvallur District, Tiruvallur. 3.The Revenue Divisional Officer, Tiruttani Taluk, Tiruvallur District. ... Respondents in both WPs Prayer in W.P.No.38160 of 2025 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to renew the license in License bearing No.01/2018 for the period of one year i.e. 2025-2026 and permit the petitioner to sell the firecrackers in the shop namely Umapathi Crackers Shop situated in S.No.118/2, NSC Bose Street, Tiruttani based upon the Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.38160 & 38163 of 2025 No Objection issued by the 1) Inspector of Police, D1 Police Station, Tiruttani dated 29.03.2025, 2) District Officer, Fire Service Department, Tiruvallur dated 25.03.2025 and 3) Recommendation of the Tahsildar, Tiruttani dated 18.08.2025 in Na.Ka.A1/1599/2025. Prayer in W.P.No.38160 of 2025 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to renew the license in License bearing No.6/2009-2010 for the period of one year i.e. 2025-2026 and permit the petitioner to sell the firecrackers in the shop namely Dinesh Kumar Crackers Shop situated in S.No.118/2, NSC Bose Street, Tiruttani based upon the No Objection issued by the 1) Inspector of Police, D1 Police Station, Tiruttani dated 29.03.2025, 2)District Officer, Fire Service Department, Tiruvallur dated 25.03.2025 and 3)Recommendation of the Tahsildar, Tiruttani dated 18.08.2025 in Na.Ka.A1/1600/2025. For Petitioner (in both WPs) : Mr.V.Elangovan For Respondents (in both WPs) : Mr.M.Rajendiran Additional Government Pleader ***** COMMON ORDER Since the issue involved in both the writ petitions is one and the same, with the consent of the learned counsel appearing for the parties, these writ petitions are disposed of by way of this common order. Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.38160 & 38163 of 2025 2. Mr.M.Rajendiran, learned Additional Government Pleader takes notice on behalf of the respondents. With the consent of the learned counsel appearing for the parties, these writ petitions are taken up for final disposal at the stage of admission itself. 3. It is case of the petitioners that they are running firecrackers shops from the year 2018 and 2009 respectively, by obtaining permanent license and the same has been renewed periodically, after due inspection by the officials. Whileso, they made their applications before the 3rd respondent for renewal of their license for the year 2025-2026 on 26.02.2025. Since the same was not considered by the 3rd respondent, the petitioners have filed these writ petitions. 4. Heard the learned counsel appearing for the parties and also perused the materials available on record. 5. Pursuant to the interim order passed by this Court, dated 08.10.2025 in these writ petitions, the petitioners have filed the respective affidavit, both dated 09.10.2025 stating that they will shift Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.38160 & 38163 of 2025 their shops to some other place from next year onwards. Accordingly, they seek for renewal of their license to carry on the business of selling firecrackers in their shops. 6. The learned Additional Government Pleader appearing for the respondents submits that in view of the affidavits filed by the petitioners, their license will be renewed till 23.10.2025, and thereafter, they are not entitled to continue to run their firecrackers shops in the current place. If the petitioners file affidavit of undertaking for shifting the shops to some other place for next year by suggesting a new place, the respondents will renew the license in favour of the petitioners, if the places suggested by the petitioners are non-objectionable area. 7. Recording the same, these Writ Petitions are disposed of, directing the respondents to renew the license in favour of the petitioners till 23.10.2025 and thereafter, they are not entitled to continue to run their firecrackers shops in the current place. If the petitioners are willing to continue their business of selling firecrackers for the next year, they have to file affidavit of undertaking before the respondents by suggesting a new place for shifting their shops, the respondents shall renew the Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.38160 & 38163 of 2025 license in favour of the petitioners, if the places suggested by the petitioners are non-objectionable area. No costs. Consequently, the connected miscellaneous petitions are closed. 10.10.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp Note: Issue order copy on or before 14.10.2025. To 1.The District Collector, Tiruvallur District, Tiruvallur. 2.The Additional District Magistrate cum District Revenue Officer, Tiruvallur District, Tiruvallur. 3.The Revenue Divisional Officer, Tiruttani Taluk, Tiruvallur District. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.38160 & 38163 of 2025 M.DHANDAPANI, J. sp W.P.Nos.38160 & 38163 of 2025 10.10.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis