1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12062 of 2011 and M.P.(MD)No.1 of 2011 R.Durairaj ... Petitioner Vs. 1.The Commissioner of Police, Trichy City, Trichy. 2.The District Magistrate-cum- The District Collector, Trichy District, Trichy. 3.The Revenue Divisional Officer, Trichy District, Trichy. 4.Sundaram Chettiar, The Propriietor, No.55, Meenatchi Kalyana Mandapam, Trichy-8. 5.The Manager, Kannan Departmental Store, No.55, Meenatchi Kalyana Mandapam, Trichy-8. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus forbearing respondents 1 and 2 from in any way granting licence for selling fire crackers at the premises comprised in Door No.55, Meenatchi Kalyana Mandapam, Trichy and consequently to direct the official respondents to strictly adhere to the Rules before granting licence for the sale of fire crackers. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.S.Venkatesh, 1 to 3 Government Pleader. O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction forbearing respondents 1 and 2 from in any way granting licence for selling fire crackers at the premises comprised in Door No.55, Meenatchi Kalyana Mandapam, Trichy and consequently to direct the official respondents to strictly adhere to the Rules before granting licence for the sale of fire crackers. 2.Mr.S.Venkatesh, learned Government Pleader, takes notice for the respondents 1 to 3. In view of the order we propose to pass, no notice need be sent to respondents 4 and 5, as their interest is also https://hcservices.ecourts.gov.in/hcservices/ 2 protected by this order. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 3.Learned counsel for the petitioner would submit that the petitioner has come forward with this public interest litigation with view to protect the interest of public at large during Deepavali Festival. It is contended by the learned counsel for the petitioner that the 4th respondent is the owner of the premises in question and the 5th respondent is the departmental stores which intend to sell crackers in the said premises and if crackers are sold in the said premises, it would cause serious threat to safety and security of the members of public and also the same would be in violation of Rule 83 of the Explosives Rules, 2008. He would further submit that in respect of the same the petitioner preferred representations to the 1st respondent on 06.10.2011 and 12.10.2011 but, no action has been taken till date and as such the petitioner is constrained to approach this Court with the present petition with the aforesaid relief. 4.Heard the learned Government Pleader on the submissions made by the learned counsel for the petitioner. 5.Considering the facts and circumstances of the case, without going into the merits of the representations of the petitioner, dated 06.10.2011 and 12.10.2011, we are constrained to direct the 1st respondent to consider the representations of the petitioner and pass orders on merits and in accordance with law, within a period of ten days from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner as well as to respondents 4 and 5. It is made clear that, if any permission is already granted in favour of respondents 4 and 5, it is open to the petitioner to take appropriate action in the manner known to law. 6.With the above direction and observation, this writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar To: 1.The Commissioner of Police, Trichy City, Trichy. 2.The District Magistrate-cum- The District Collector, Trichy District, Trichy. 3.The Revenue Divisional Officer, Trichy District, Trichy. +1CC TO MR.M.AJMALKHAN, ADVOCATE SR : 36497 Gb : SR : 15.11.2011 : 2p/5c ORDER IN WP(MD)No.12062/2011 and MP(MD)No.1 of 2011 Dated:20.10.2011 https://hcservices.ecourts.gov.in/hcservices/