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2026 Supreme(Online)(Mad) 38442

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
R.Mohala – Appellant
Versus
Director General Tamilnadu Fire and Rescue Services – Respondent
WP No. 14531 of 2026|WMP.Nos.15771 & 15769 of 2026



Advocates:
For the Petitioner(s): Mr.N.L.Rajah, Senior Counsel for Mr.P.Munusami
For Respondent: Mr.M.Rajendran Additional Government Pleader

Rejection of fire license application without reasons or hearing violates natural justice principles.

Headnote:Under Article 226 of the Constitution of India, the petitioner challenged the rejection of a fire license application for a Non-MSB commercial building. The facts involve prior fire clearance in 2016, removal of violations post-litigation, and a fresh application on 14.02.2026 rejected without reasons on 03.03.2026. The court found the rejection violated principles of natural justice due to lack of hearing and reasons. The issue framed was whether the rejection without opportunity of hearing breached natural justice. The ratio decidendi holds that administrative orders rejecting applications must assign reasons and provide hearing, as a cursory reading of the communication showed no reasons, rendering the order illegal. The writ petition was allowed, impugned order set aside, and matter remanded for de novo consideration with hearing and rectification directions within four weeks.

Table of Content
1. petition challenges unexplained rejection of fire license application. (Para 2 , 3)
2. violation of natural justice due to no hearing opportunity. (Para 4)
3. impugned order set aside for lacking reasons and procedure. (Para 6)
4. remand for fresh consideration with hearing within four weeks. (Para 7 , 8)

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This petition has been filed challenging the order 03.03.2026 passed by the 2nd respondent communicated through a system generated email dated 03.03.2026 rejecting the application of the petitioner bearing number application ID No.370930 and quash the same and direct the 2nd respondent to issue a no objection certificate/fire license in favour of the petitioner in respect of the Non-MSB Commercial building proposed to be constructed at T.S.No.37,38 and 39, Block No.50, ward A, Door Nos.84,85,86 and 86A, R.S.No.98/27, Kumbakonam Road, vadakailasam village, panruti municipality and taluk, cuddalore District -607106.

3. It is the case of the petitioner that the petitioner is the owner of the subject property had obtained Building Plan Approval for construction of commercial building. In 2016, the 3rd respondent conducted a site inspection and the second respondent issued Fire Clearance Certificate vide RC.No.4221/B2/2016 dated 20.07.2016. After prolonged litigation, the petitioner has removed all violating portions of the building. The petitioner has been diligently pursuing the building plan approval for the proposed Non-MSB construction, as a necessary step, the petitioner applied for a No Objection Certificate/Fire License through the Tamil Nadu Single Window Portal on 14.02.2026 furnishing all requisite documents, however, on 03.03.2026, his application was rejected without any reasons. Challenging the said order, the present writ petition has been filed on the ground of violation of principles of natural justice.

4. The learned senior counsel for the petitioner submitted that if the respondents had directed the petitioner to rectify the mistakes, the petitioner would have rectified, whereas, the respondent without providing opportunity of hearing has rejected the application seeking No Objection Certificate, which is a clear case of violation of principles of natural justice, hence, seeks for a direction of this Court and prayed allowing of this writ petition. 4. Heard both sides and perused the materials placed on record.

6. Admittedly, the facts of the present case are not in dispute. The petitioner has applied for a No Objection Certificate/Fire License through the Tamil Nadu Single Window Portal on 14.02.2026 furnishing all requisite documents, whereas, vide impugned communication dated 03.03.2026, his application was rejected. On a cursory reading of the impugned communication of the respondents would indicate that the the petitioner's application was rejected without assigning any reasons at all. In such view of the matter, I am fully convinced that the impugned order has been passed without following the principles of natural justice and without following the procedure known to law.

Therefore, I hold that the writ petition is maintainable and the impugned order dated 03.03.2026 stands set aside.

7. In such view of the matter, this Court deems it appropriate to remand the matter back to the respondents for a de novo consideration. It is made clear that if at all there is any defects, the petitioner shall be directed to rectify the defects and the respondents shall pass appropriate orders on merits and in accordance with law after hearing the petitioner. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this Order.

8. Accordingly, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions stand closed.

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