1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)Nos.11957 to 11961 of 2011 and M.P.(MD)Nos.1 to 1 of 2011 V.Thangaraj : Petitioner in W.P.No.11957/2011 A.Arunachalam : Petitioner in W.P.No.11958/2011 K.Kanagalingam : Petitioner in W.P.No.11959/2011 P.Shanmuga Velayutham : Petitioner in W.P.No.11960/2011 A.Nellai Rajan : Petitioner in W.P.No.11961/2011 Versus District Revenue Officer & Additional District Magistrate Cum Licensing Authority, Thoothukudi. : Respondent in all the Writ Petitions Prayer in W.P.Nos.11957 to 11960 of 2011: Writ petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the respondent in Na.Ka.C4/73517/2011 dated 10.10.2011, 04.10.2011, and quash the same and consequently direct the respondent to renew the license forthwith. Prayer in W.P.(MD)No.11961 of 2011: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to renew the license forthwith in pursuance of the petitioner's application dated 28.02.2011. For Petitioners : Mr.R.Singgaravelan For Respondent : Mr.Aayiram K.Selvakumar, (In all WPs) Government Advocate COMMON ORDER While four writ petitions arise out of identical communications issued by the District Revenue Officer returning the applications of the petitioners for the renewal of the explosive licenses to sell Crackers during Deepavali seasons, the fifth writ petition arises out of the non consideration of the application for renewal of license. 2. Heard Mr.R.Singgaravelan, learned counsel for the petitioners and Mr.Aayiram K.Selvakumar, learned Government Advocate for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. All the petitioners herein have had licenses in Form L.E.5 under the Explosives Rules for the sale of Crackers. Way back in February/March 2011, the petitioners had submitted applications for the renewal of the licenses for the current year. After keeping the applications pending for about seven months, the first respondent issued identical communications in a cyclostyled format in October 2011 returning the applications for the petitioners in the first four writ petitions on the short ground that the applications for renewal were not accompanied by sketches showing that the building had two entrances with a width of 9 Sq. Mts. No order was passed on the application filed by the petitioner in the fifth writ petition. Since the communications issued in four writ petitions were issued at a time when Diwali was fast approaching and since the petitioners did not have adequate time to file necessary sketches, the petitioners came up with the above writ petitions challenging the above communications. 4. On 18.10.2011, I passed an interim order in these writ petitions, directing the respondent to inspect the properties and examine the feasibilities and to pass fresh orders within three days. In pursuance of the said order, the respondent has passed separate orders on 22.10.2011, rejecting the applications of the petitioners for renewal. In the light of the above orders, the only remedy now open to the petitioners is to file statutory appeals under the provisions of the Explosives Act 1884 and the Explosives Rules 2008. Moreover being a seasonal litigation and Deepavali has already gone, nothing more survives for adjudication in these writ petitions. 5. Therefore, all these writ petitions are dismissed in the light of the orders passed by the respondent. However, liberty is given to the petitioners to challenge the orders dated 22.10.2011 passed by the respondent, before the appropriate appellate authority in accordance with the provisions of the Act and the Rules. Consequently, connected miscellaneous petitions are dismissed. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The District Revenue Officer & Additional District Magistrate Cum Licensing Authority, Thoothukudi. +1 CC to Special Government Pleader (SR.No.37117) W.P.(MD)Nos.11957 to 11961 of 2011 28.10.2011 vsm NSV/14.11.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/