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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SATHISH KUMAR
A. Nagoor Kani – Appellant
Versus
District Collector, Madurai – Respondent
| Table of Content |
|---|
| 1. cancellation of license under explosives act. (Para 3 , 4) |
| 2. lack of opportunity before cancellation. (Para 5 , 6) |
| 3. need for reasoning and hearing rights. (Para 7 , 8 , 9) |
| 4. writ petition allowed; remand for fresh consideration. (Para 10 , 11) |
ORDER :
1. Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 4 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), takes notice for the fifth respondent.
2. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
3. Challenge has been made to the cancellation of the license granted to the petitioner under the Explosives Act and Rules.
4. The petitioner is running a cracker shop in the name and style of 'Happy Agencies' at Melur Village. The license was obtained in the year 2015 in Licence No.13/2015. Subsequently, it was periodically renewed till 31.03.2024. When the petitioner had applied for further renewal of the license, the second respondent issued a show cause notice for the alleged lapses, such as, a house is situated in the upstairs of the petitioner's shop and a drainage is also situated in the alternative rou
Cancellation of a license without opportunity for a hearing or stated reasons violates procedural fairness as required by the Explosives Act and Rules.
A license is deemed valid if a renewal application is submitted before its expiry and no refusal has been communicated.
If application for renewal reaches renewing or licensing authority on or before date of expiry, licence shall be deemed to be in force until such date as licensing authority renews licence or until a....
The court emphasized that the lack of vehicular access to the licensed premises was not a valid reason to reject a renewal application, as per the provisions of Rule 112 of the Explosives Rules, 2008....
Licensing authorities must adhere strictly to provisions of the relevant statute and cannot refuse licence renewal based solely on unrelated statutes without concluding inquiries.
Safety measures in heavily populated areas justify the denial of a firecracker sales license under the Indian Explosives Act.
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