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2026 Supreme(Online)(Mad) 46191
IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Giridharan – Appellant
Versus
District Revenue Officer – Respondent
WMP NO. 31955 OF 2022
For the Appellants/Petitioners: R.Sunil Kumar
For the Respondents: S.Anitha
When a challenged licence has expired during the pendency of litigation, the court will decline to adjudicate on the validity of the cancellation, instead directing the party to pursue a fresh application for a new licence.
Headnote:The petitioner challenged an order cancelling their cracker shop licence on the ground that it was passed without providing an opportunity of being heard as required under R.118(3) of the Explosives Rules, 2008. The petitioner sought an order of certiorari to quash the impugned order. The Court observed that since the subject licence had already expired on 31.03.2024, the primary relief sought for restoration was rendered infructuous. The main issue was whether the impugned order cancelling the licence was legally sustainable. The Court reasoned that given the expiration of the licence term, no practical order for restoration could be issued, thereby necessitating a fresh application process to address the grievance. The writ petition was disposed of with a direction for the petitioner to apply for a fresh licence, which the respondent was ordered to consider on merits.
| Table of Content |
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| 1. summary of events and alleged violation of procedural fairness. (Para 1 , 2) |
| 2. disposal of writ due to expiry of licence. (Para 3) |
ORDER
This writ petition has been filed challenging the impugned order dated
19.10.2022 passed by the respondent.
2.Learned counsel for the petitioner would submit that by virtue of the impugned order, the petitioner’s license for running cracker shop was cancelled without providing opportunity to the petitioner as per Rule 118(3) of the Explosive Rule, 2008. However, the petitioner’s license was expired on
31.03.2024.
3.In view of the above submissions, since the petitioner’s license got expired on 31.03.2024 itself, no order can be passed for restoration of the same. Therefore, the petitioner is directed to make fresh application before the concerned Authority for issuance of fresh license. On receipt of such application from the petitioner, the respondent is directed to consider the same, on merits and in accordance with law.
4.With the aforesaid direction, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
