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2025 DAILYLAW 92538 (MAD)

MARUCHAMI v. STATE OF TAMIL NADU

WP/30539/2023 · 2025-08-05

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.08.2025 CORAM THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH W.P.No.30539 of 2023 and WMP Nos.30171 & 30173 of 2023 1.Maruchami 2.Nallamal 3.Selvakumar 4.Narayanan 5.Rajeshwaran 6.Murugesan 7.Arunkumar .. Petitioners Vs. 1.State of Tamil Nadu Rep. by its Secretary Department of Revenue and Disaster Management Secretariat, Fort St.Geoerge Chennai. 2.The District Collector Office of the District Collector Collectorate, Erode. 3.The District Revenue Officer Collectorate, Erode. 4.The Revenue Divisional Officer Main Road, Gobichettipalayam Erode District. 1/7 https://www.mhc.tn.gov.in/judis 5.The Village Administrative Officer Kugalur 'A' Village Kugalur, Gobichettipalayam Taluk Erode District. 6.The Land Revenue Inspector Kugalur Village Gobichettipalayam Taluk Erode District. 7.The District Fire Officer Gandhiji Road Erode. 8.Senthil Kumar .. Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd Respondent in his proceedings in Mou. Mu. 230173 / 2022 /C4 dated 19.09.2023 and to quash the same and to consequentially direct the respondents 1 to 7 herein to not grant any licence to the 8th respondent or to any other person for the purpose of manufacturing, storage or use of any firecrackers in S.No.911/1 or any other adjoining survey numbers in Kugalur 'A' Village' Gobichettipalayam Taluk Erode District. For Petitioners : Mr.GK.Muthukumaar For Respondents : Mr.G.Velu Additional Government Pleader for R1 to R7 Mr.K.Chandru for R8 2/7 https://www.mhc.tn.gov.in/judis O R D E R This writ petition has been filed challenging the impugned proceedings of the 3rd respondent dated 19.9.2023 and for a consequential direction to the official respondents not to grant any license to the 8th respondent for the purpose of manufacturing, storage or usage of any firecrackers in the subject property in S.No.911/1 or any other adjoining survey numbers in Kugalur 'A' Village, Gobichettipalayam Taluk, Erode District. 2.The grievance expressed by the petitioners is that they are having their agricultural lands in Survey No.911/1 and they are cultivating rice, banana and sugarcane as primary crops. The 8th respondent purchased 15 cents of land in this survey number and in the pretext of constructing a small dwelling house, started taking steps to get license for storing and selling of firecrackers. Immediately, objections were made by the petitioners to the 3rd respondent mainly on the ground that after the harvest, they burned all the leftovers as a result of which there is a potential danger of the explosives stored in the place, causing danger to the entire place. 3.The grievance of the petitioners is that inspite of objections given, the 3rd respondent proceeded to issue license to the 8th respondent through the impugned proceedings dated 19.9.2023 and the same has been put to challenge in the present writ petition. 3/7 https://www.mhc.tn.gov.in/judis 4.Heard Mr.GK.Muthukumar, learned counsel for the petitioners, Mr.G.Velu, learned Additional Government Pleader for R1 to R7 and Mr.K.Chandru, learned counsel for R8. 5.The 3rd respondent has filed a counter affidavit and it has been stated in the counter as follows: It is also submitted before the Hon'ble court that the licence issued to the above shop expired on 31.03.2025 and the respondent 8 in this writ petition and the licensee, Thiru. Senthilkumar C., has submitted an application to the third respondent received on 04.06.2025 requesting change of name and address in the licence. Respondent 8 has surrendered the original licence in the office of the District Revenue Officer, Erode and the shop is not operating now. This application submitted by the respondent will be considered as per rules. 6.The learned counsel for the petitioners raised various grounds and also pointed out to various rules and submitted that there is a gross violation of the provisions of the Act and Rules and hence, the 3rd respondent ought not to have issued license to the 8th respondent for storing and selling crackers. 7.It is not necessary for this Court to go into the various grounds raised by the petitioners since the 3rd respondent has taken a stand that the 8th respondent has 4/7 https://www.mhc.tn.gov.in/judis already surrendered the original license and he is not operating the shop and that he has already requested for the change of the name and address in the license. It is therefore contended that the 8th respondent is not willing to continue to utilise the property for storing of firecrackers. Based on this stand taken by the 3rd respondent and also the fact that the 8th respondent is not going to continue to store and sell the firecrackers in the subject property, the grievance expressed by the petitioners has been sufficiently redressed. It is made clear that if any application is submitted seeking for license for storing and selling firecrackers in the subject property, the objections raised by the petitioners should be considered and only thereafter any decision should be taken. 8.This writ petition is disposed of in the above terms. No costs. Consequently, connected WMPs are closed. 05.08.2025 Index : Yes/No Neutral Citation : Yes/No kp 5/7 https://www.mhc.tn.gov.in/judis To 1.State of Tamil Nadu Rep. by its Secretary Department of Revenue and Disaster Management Secretariat, Fort St.Geoerge Chennai. 2.The District Collector Office of the District Collector Collectorate, Erode. 3.The District Revenue Officer Collectorate, Erode. 4.The Revenue Divisional Officer Main Road, Gobichettipalayam Erode District. 5.The Village Administrative Officer Kugalur 'A' Village Kugalur, Gobichettipalayam Taluk Erode District. 6.The Land Revenue Inspector Kugalur Village Gobichettipalayam Taluk Erode District. 7.The District Fire Officer Gandhiji Road Erode. 6/7 https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J. kp W.P.No.30539 of 2023 05.08.2025 7/7 https://www.mhc.tn.gov.in/judis