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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2016 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD).No.2307 of 2015
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and
P.Eswarasamy
: Petitioner
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Vs.
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M.P.(MD)Nos.1 to 3 of 2015
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Rep. by its Secretary,
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1.The Union of India,
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Ministry of Commerce and Industry,
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Department Industrial Policy and Promotion, New Delhi.
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Union Secretariat,
2.The Chief Controller of Explosives, A Block, CGO Complex, Fifth Floor, Seminary Hills, Nagpur, Maharashtra-440 006.
2 3.The Joint Chief Controller of Explosives, South Circle No.140, Rukmini Laxmipati Road, Egmore, Chennai-600 008, Tamil Nadu State. 4.The Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Hospital,
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Sivakasi West, Virudhunagar District,
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Tamil Nadu State.
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5.The District Collector,
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Virudhunagar District,
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Virudhunagar,
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Tamil Nadu State.
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6.The District Revenue Officer, Virudhunagar District, Virudhunagar,
Tamil Nadu State. 7.The Revenue Divisional Officer, Aruppukottai Revenue Division, Aruppukottai, Virudhunagar District, Tamil Nadu State.
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8.The Tahsildar, Virudhunagar Taluk, Virudhunagar District, Tamil Nadu State. 9.Sri Vijay Fancy Fireworks, Represented by its Managing Partner,
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Mr.V.Vijay Anand
11.Sri.Vari Agency Rep. by its Managing Partner,
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K.Ravi
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10.Mr.V.Vijay Anand
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12.Jai Manoj Sparklers,
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Rep. by its Managing Partner,
: Respondents
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13.K.Ravi
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K.Ravi.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records
pertaining
to the second
respondent's
order
granting
fireworks explosives licenses in No.E./HQ/IN/20/1317/(E66071) dated 29.04.2014,
E/HQ/TN/21/1814/(E66090)
dated
29.04.2014,
E/HQ/TN/22/402 (E66091) dated 29.04.2014 in favour of respondents 9 and 10 and the explosives licenses in E/HQ/TN/21/1799(E66051)
4 dated 23.01.2014 and E/HQ/TN/20/1301 (E66065) dated 11.11.2013, in favour of the respondents 11 to 13 and quash the same as illegal and further direct the respondents 2,3 and 6 to issue new licenses in future by following the safety norms as stipulated under the Explosives Act and Rules (200 meters) between each factory by considering the employees and public safety. For Petitioner
: Mr.S.M.Anantha Murugan
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For Respondents 1to4 : Mr.N.Shanmugaselvam, Senior Panel Counsel for Central Government
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For Respondents 5to8 : Mr.Aayiram K.Selvakumar, Government Advocate
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For Respondents 9to13: Mr.A.Sivaji
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ORDER
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[Order of the Court was made by S.NAGAMUTHU, J.]
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The petitioner has come up with this Public Interest Litigation challenging the explosive licenses issued in faovur of the respondents 9
to
13
29.04.2014,
under
license
Nos.E./HQ/IN/20/1317/(E66071),
E/HQ/TN/21/1814/(E66090),
E/HQ/TN/22/402
(E66091),
dated
dated
dated
29.04.2014, 29.04.2014,
E/HQ/TN/21/1799(E66051), dated 23.01.2014 and E/HQ/TN/20/1301 (E66065) dated 11.11.2013, respectively, on the ground that the
5 licenses have not been issued after taking into account the Explosives Act and Rules, which prescribe 200 metres of distance between each Factory.
2. Considering the seriousness of the issue, we directed the fourth respondent to make inspection of the respective Factories and measure the same and submit a report to this Court. Accordingly, the
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he has made the following observation:
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fourth respondent has submitted a report before this Court, wherein
Virudhunagar
District
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V.Chockalingapuram,
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" A. M/s.Sri Vijay Fancy Fireworks situated at
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bearing licence No.E/HQ/TN/20/1317 (E66071) is a
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fireworks manufacturing unit licensed by the Chief
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Controller of Explosives, Nagpur.
B.
M/s.
Sri
Vaari
V.Chockalingapuram,
Agencies
situated
Virudhunagar
at
District
bearing licence No.E/HQ/TN/21/1799 (E66051) is a store house for fireworks licensed by the Chief Controller of Explosives, Nagpur.
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C.
M/s.Sri
Manoj
V.Chockalingapuram,
Sparklers
situated
Virudhunagar
at
District
bearing licence No.E/HQ/TN/20/1301 (E66065) is a Sparkler manufacturing unit licensed by the Chief Controller of Explosives, Nagur.
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The above mentioned licenses are current and
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valid.
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The distance between factory to factory was
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found to be 200 M measured from fence to fence.
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The storehouse for fireworks is maintaining the
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distance norms on all the four sides. A sketch
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depicting the above facilities is enclosed herewith.
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It is observed that storehouse for fireworks and
manufacturing
units
mentioned
above
are
within the norms of the Explosives Rules, 2008. It is further submitted that while carrying out the spot inspection, owner/occupier of the above facilities Shri Varadharajan was present."
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3. However, the learned counsel for the petitioner would submit that an Advocate Commissioner was earlier appointed and he has submitted a report, wherein he has stated that there is no distance from Factory to Factory. But, a perusal of the Commissioner's report would go to show that he has not stated anything about the distance between one store-house and another store-house. The lands are
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adjoining of course. That would not amount to violation of the Rules.
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We find no reason to reject the report of the fourth respondent. In
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view of the same, we find no merit at all in this Writ Petition. The Writ
the
connected
miscellaneous
petitions
are
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Consequently,
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Petition fails and accordingly, the same is dismissed. No costs.
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dismissed.
Index
: Yes/No
Internet
: Yes/No
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[S.N.J.,] &
[M.V.M.J.,]
23.09.2016
also
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To 1.The Secretary, The Union of India, Ministry of Commerce and Industry, Department Industrial Policy and Promotion, Union Secretariat, New Delhi.
A Block, CGO Complex, Fifth Floor,
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Seminary Hills,
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2.The Chief Controller of Explosives,
Nagpur,
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Maharashtra-440 006.
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South Circle No.140,
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3.The Joint Chief Controller of Explosives,
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Rukmini Laxmipati Road,
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Egmore, Chennai-600 008, Tamil Nadu State. 4.The Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Hospital, Sivakasi West, Virudhunagar District, Tamil Nadu State.
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5.The District Collector, Virudhunagar District, Virudhunagar, Tamil Nadu State. 6.The District Revenue Officer, Virudhunagar District, Virudhunagar,
Aruppukottai Revenue Division,
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Aruppukottai,
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Virudhunagar District,
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Tamil Nadu State.
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8.The Tahsildar,
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Virudhunagar Taluk,
Virudhunagar District, Tamil Nadu State.
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7.The Revenue Divisional Officer,
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Tamil Nadu State.
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S.NAGAMUTHU, J. AND M.V.MURALIDARAN, J.
Order made in W.P.(MD).No.2307 of 2015
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Dated: 23.09.2016
