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2014 Supreme(Mad) 3493

N.KIRUBAKARAN, S.VAIDYANATHAN
Muthukrishnan – Appellant
Versus
Union of India, Rep. by its Secretary – Respondent


Advocates Appeared:
For the Petitioner:S.M. Ananda Murugan, Advocate.
For the Respondents:R5, R6, R9 to R13, K. Chellapandian, Add. Advocate General Assisted by Sathishkumar, Addl. Govt. Pleader, R14, K.K. Senthil Velan, Asst. Solicitor General, R16 to R17, Vijaykarthikeyan, R1 to R4, R7 & R8, Uthaman, R15, SanthaRam Natarajan, Advocates.

Judgment

N. Kirubakaran, J.

1. “Fire work”, instead of lighting up the sky darkens the bright sky of Virudhunagar. The culprit fire work is prohibited illegal Chinese crackers. The authorities have to foresee the problems in advance and to take necessary steps to prevent unwanted and dangerous consequences/results and at least to act swiftly in case of any danger. Our country is thickly populated one, coming next to China. We are facing security problems not only externally, but also internally. At a time, when our enemies are bent upon destabilizing our country economically as well as security wise, we should be very careful to allow any foreigner as well as foreign materials with great caution and after proper verification. Are we cautious enough? The facts of the case would reflect the reality.

2. By way of this Public Interest Litigation, the petitioner wants a writ of mandamus directing the respondents 1 to 12, to strictly enforce the third respondent's circular in No.17 (10) 2007 Explosives, dated 05.03.2010 and further direct the respondents 2 to 11, seize all illegally imported explosives items (particularly Chinese crackers) and destroy the same as per the Explosive Act. The





















































































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