Madras High Court
Pandyan Pyrotechnics vs The Joint Chief Controller Of ... on 4 August, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD).No.21276 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD) No.21276 of 2025
Pandyan Pyrotechnics,
repesented by its Partner B.Kandasamy,
S/o.Sri.Balasubramaniyan,
D.No.9/39, Keelachellayapuram,
Elayirampannai Post,
Elayirampannai Village,
Virudhunagar District. ... Petitioner
Vs.
1.The Joint Chief Controller of Explosives,
PESO (Petroleum and Explosives Safety Organisation),
Formerly - Department of Explosives,
5th Floor A-Block, CGO Complex,
Seminary Hills, Nagpur (M.S.), Pin Code. 440 006.
2.The Deputy Chief Controller of Explosives,
Petroleum and Explosives Safety Organisation,
FRDC Complex,
Near Esi Hospital,
Sivakasi West – 626 124,
Virudhunagar District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
consider and process the petitioner's application in Form AE-1, Inward No.
150518 dated 25.03.2025, submitted under Rule 113 of the Explosives act, 1884
and the Explosives Rules, 2008, for the grant of a new license to manufacture
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W.P.(MD).No.21276 of 2025
fireworks in respect of Survey Nos.87/2A, 88/3, 89/1A, 89/1B, 89/2, 90, 91/1 to
91/5, 94 and 95/1C situated at Sippiparai village, Vembakottai Taluk,
Virudhunagar District where the fireworks manufacturing unit is now proposed
to be operated under the name and style of Pandyan Pyrotechnics, without
insisting upon the surrender of the previous licenses as a precondition for
processing the petitioner's application.
For Petitioner : Mr.Rajakumar C
For Respondents : Mr.M.Karthikeya Venkadachalapathy
ORDER
The Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to consider and process the petitioner's application in Form AE-1, Inward No.150518, dated 25.03.2025, submitted under Rule 113 of the Explosives Act, 1884 and the Explosives Rules, 2008, for the grant of a new license to manufacture fireworks in respect of Survey Nos.87/2A, 88/3, 89/1A, 89/1B, 89/2, 90, 91/1 to 91/5, 94 and 95/1C situated at Sippiparai village, Vembakottai Taluk, Virudhunagar District, where the fireworks manufacturing unit is now proposed to be operated under the name and style of Pandyan Pyrotechnics, without insisting upon the surrender of the previous licenses as a pre-condition for processing the petitioner's application. 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:03:47 pm ) W.P.(MD).No.21276 of 2025
2. It appears that the petitioner has purchased the property in an auction conducted by the State Bank of India under the SARFAESI Act, 2002, on 31.01.2023. A sale certificate was thereafter issued in favour of the petitioner on 10.02.2023 and the same was duly registered on 10.03.2023.
3. It is the case of the petitioner that the petitioner has explosive license under Rule 113 of the Explosives Act, 1884 and the Explosives Rules, 2008. The respondents have, however, called upon the petitioner to submit the copies of the previous licenses and permits in the name of the previous owner of the land, who was running a factory in terms of Rule 118(1A) of the Explosive Rules. The relevant portion of the Rule 118(1A) of the Explosive Rules is read as under:
118(1) Every licence granted under these rules shall- (I)stand cancelled, if-
(a)the licensee has ceased to have any right for the lawful possession over the licensed premises;
4. As a subsequent purchaser of the property in a Court auction, the petitioner cannot be expected to possess copies of the earlier license, unless the 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:03:47 pm ) W.P.(MD).No.21276 of 2025 same had been seized and taken over by the Bank while initiating proceedings under the provisions of the SARFAESI Act, 2002 and the Rules framed thereunder.
5. Considering the same, the respondents shall process the application for issuance of license for manufacturing the fireworks to the petitioner. The petitioner may, however, endeavour to secure the relevant documents remaining with the Bank that may have been seized at the time when the Bank had taken over the assets of the company, whose property came to be sold in the Court auction under the provisions of the SARFAESI Act, 2002. The entire exercise shall be completed within a period of six weeks from the date of receipt of copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
04.08.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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W.P.(MD).No.21276 of 2025
Indu
To
1.The Joint Chief Controller of Explosives, PESO (Petroleum and Explosives Safety Organisation), Formerly - Department of Explosives, 5th Floor A-Block, CGO Complex, Seminary Hills, Nagpur (M.S.), Pin Code. 440 006.
2.The Deputy Chief Controller of Explosives, Petroleum and Explosives Safety Organisation, FRDC Complex, Near Esi Hospital, Sivakasi West – 626 124, Virudhunagar District.
5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:03:47 pm ) W.P.(MD).No.21276 of 2025 C.SARAVANAN, J.
Indu W.P(MD).No.21276 of 2025 04.08.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:03:47 pm )