W.P.(MD)No.24256 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025 CORAM: THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.24256 of 2025 and W.M.P(MD)Nos.19034 and 19037 of 2025 M.Dhanalakshmi ... Petitioner Vs. 1. The District Collector, District Collectorate Office, Theni District. 2. The Revenue Divisional Officer, District Collectorate Office Theni District. 3. T.Karthick Raja ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent in Oo.Mu.E.Ko.No.11062/2025/C4 dated 21.08.2025 and quash the same as illegal and consequently direct the 2nd respondent to revoke the license issued to the 3rd respondent for possessing and selling manufactured fireworks and sparklers from their shop in violation of the Explosive Rules, 2008 and pass appropriate orders. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24256 of 2025 For Petitioner : Mr.M.Jerin Mathew For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader For R3 : Mr.V.Vijayendiran ORDER This writ petition has been filed seeking to challenge the order passed by the 2nd respondent dated 21.08.2025 and consequently direct the 2nd respondent to revoke the license issued to the 3rd respondent for possessing and selling manufactured fireworks and sparklers. 2. It is the case of the petitioner that she is running a licensed cracker shop in the name and style of 'M.K.Pattasu Kadai'. The 3rd respondent has put up a construction just a few meters away from the petitioner's shop which is in violation of the provision of Explosives Act, 1884 and Explosives Rules, 2008. The license has been granted to the 3rd respondent ignoring the provisions of law. Therefore, the petitioner is before this Court. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24256 of 2025 3. Heard the learned counsel on either side and perused the materials available on records. 4. In the impugned order dated 21.08.2025, the 2nd respondent would state that the distance between the two shops is about 15 meters. This fact was stoutly refuted by the learned counsel appearing for the petitioner who would submit that there is hardly any distance between the two shops. Therefore, this Court by an order dated 10.09.2025 had appointed one Mr.P.Tamilarasu, Advocate (Encl.No.M/s.966/2022) as Advocate Commissioner to measure the distance between the two shops put up by the petitioner and the 3rd respondent and submit a report before this Court. 5. The Advocate Commissioner submitted a report along with the photographs of the two shops and further stated that the gap between the two shops is just 1.5 meters and the measurement from the boundaries of the 3rd respondent premises to the door of the petitioner premises is 3.4 meters and from the door of the 3rd respondent and to the door of the petitioner's premises is 8.6 meters. The report would clearly show that the 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24256 of 2025 construction has been put up in violation of Acts and Rules. Therefore, the impugned order dated 21.08.2025 has to be set aside and is accordingly set aside. The 2nd respondent is directed to revoke the license granted to the 3rd respondent for possessing and selling manufactured fireworks and sparklers in the premises adjacent to that of the petitioner's shop. The 3rd respondent shall remove the fire crackers stored in the shop within a period of one (1) week from today, failing which the 2nd respondent shall take steps to ensure that the fire works and crackers are removed. The Advocate Commissioner shall be paid an additional remuneration of Rs.10,000/- (Rupees Ten Thousand Only) by the petitioner. 6. The writ petition is allowed with the above observations and directions. No costs. Consequently, connected miscellaneous petitions are closed. 15.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24256 of 2025 To 1. The District Collector, District Collectorate Office, Theni District. 2. The Revenue Divisional Officer, District Collectorate Office Theni District. Tenkasi District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24256 of 2025 P.T.ASHA, J. rgm W.P.(MD).No.24256 of 2025 and W.M.P(MD)Nos.19034 and 19037 of 2025 15.09.2025 6/6 https://www.mhc.tn.gov.in/judis