Madras High Court
K.K.C.Balaganesan vs The Union Of India on 5 October, 2015
Bench: R.Sudhakar, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
and
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Petition (MD) No.14453 of 2015
& M.P.(MD) No.1 of 2015
K.K.C.Balaganesan ... Petitioner
Vs.
1.The Union of India,
Rep. By its Secretary,
Ministry of Home Affairs,
Union Secretariat,
New Delhi.
2.The Union of India,
Rep. By its Secretary,
Ministry of Home Affairs,
Department of Customs,
Union Secretariat,
New Delhi.
3.The Union of India,
Rep. By its Secretary,
Ministry of Commerce and Industry,
Department of Industrial Policy & Promotion,
Union Secretariat,
New Delhi.
4.The Union of India,
Rep. By its Secretary,
Ministry of Sports and Games,
Union Secretariat, New Delhi.
5.The Chief Controller of Explosives,
Petroleum and Explosives Safety Organization,
A-Block, 5th Floor, CGO Complex,
Seminary Hills,
Nagpoor ? 440 006.
Maharashtra State.
6.The Director,
Central Bureau of Investigation,
5B, 10th Floor, B-Wing,
CGO Complex,
Jawaharlal Nehru Stadium Marg,
Pragathivihar, New Delhi ? 110 003.
7.The Chairperson,
Central Board of Excise & Customs,
New Delhi.
8.The Joint Director of CBI,
Southern Region,
Chennai.
9.The Deputy Superintendent of Police,
Investigating Officer,
CBI, Anti Corruption Branch,
Sasthiri Bhavan, III Floor,
Nungambakkam, Chennai ? 600 006.
10.The Marshal Sports Private Ltd.,
2nd Floor, Esteem Regency,
6th Richmond Road,
Bengalore, Karnataka ? 560 025.
11.The Managing Director,
2nd Floor, Esteem Regency,
6th Richmond Road,
Bengalore, Karnataka ? 560 025. ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, to direct the respondents 1 to 9 to
implement the third respondent's Notification in G.S.R.No.64(E), dated
27.01.1992, G.S.R.No.59(E), dated 21.01.2004 and its Circular No.17(10) 2007-
Expl., dated 05.03.2010, effectively and seize the banned Chinese Crackers
and destroy the same as per Rule 129 of the Explosives Rules, 2008 and
further direct the respondents to consider the petitioner's representation,
dated 11.08.2015, and take appropriate action in accordance with law.
(Prayer amended as per order, dated 14.08.2015, made in M.P.(MD) No.2 of
2015)
!For Petitioner : Mr.S.M.Anantha Murugan
^For Respondent
Nos.1, 2 & 4 : Mr.A.Murugappan
For Respondent Nos.10 &11 : Ms.AR.L.Gandhimathi
:ORDER
(Order of the Court was made by R.SUDHAKAR,J.) Prayer in the writ petition is for a direction, to direct the respondents 1 to 9 to implement the third respondent's Notification in G.S.R.No.64(E), dated 27.01.1992, G.S.R.No.59(E), dated 21.01.2004 and its Circular No.17(10) 2007-Expl., dated 05.03.2010, effectively and seize the banned Chinese Crackers and destroy the same as per Rule 129 of the Explosives Rules, 2008 and further direct the respondents to consider the petitioner's representation, dated 11.08.2015, and take appropriate action in accordance with law.
2. We have perused the order passed by this Court, dated 25.09.2014, in W.P.(MD) No.8457 of 2014 [Muthukrishnan Vs. The Union of India, Rep. By its Secretary, Ministry of Home Affairs, New Delhi and others]. In Paragraph 42 of the order, it has been held as follows:
?42. Therefore, the writ petition is allowed with the following directions :
(a) There shall be a direction to transfer the case in Crime No.212 of 2014 on the file of Sivakasi Town Police Station to the file of Central Bureau of Investigation, fourteenth respondent herein, which shall take over the investigation and proceed further according to law. Even if investigation is over and charge sheet is filed, the case shall be transferred to CBI and it shall do re-investigation and proceed in accordance with law;
(b) The authorities shall conduct periodical inspections and seize Chinese crackers wherever they are found in the Country and destroy as per the Explosives Rules and file reports periodically before this Court;
(c)The official respondents especially respondents 5, 8, 9 and 10 are directed to oversee the 15th respondent (Manufacturers Association) to follow the Rules and Regulations so as to prevent the accidents and to protect the life and health of the workers. No costs.?
4. The present writ petition has been filed to implement the Notification, which is the subject matter of the earlier writ petition in W.P.(MD) No.8457 of 2014 dated 25.09.2014. This Court, in the earlier order, dated 25.09.2014, has ordered with a further direction to conduct periodical inspections and in Clause (c), a specific direction has been issued that Rules and Regulations have to be strictly followed. It goes without saying that the authority is bound to implement the Notification in question, as may be applicable while dealing with Chinese Crackers and if it is found, it should be dealt with in accordance with law. The representation of the petitioner in that lines, deserves to be considered by the Competent Authority without any further delay. Hence, the petitioner's representation addressed to the Chief Controller of Explosives may duly be considered and forwarded to the District Collector or the appropriate authority, for follow up action, without any further delay.
5. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Secretary, Union of India, Ministry of Home Affairs, Union Secretariat, New Delhi.
2.The Secretary, Union of India, Ministry of Home Affairs, Department of Customs, Union Secretariat, New Delhi.
3.The Secretary, Union of India, Ministry of Commerce and Industry, Department of Industrial Policy & Promotion, Union Secretariat, New Delhi.
4.The Secretary, Union of India, Ministry of Sports and Games, Union Secretariat, New Delhi.
5.The Chief Controller of Explosives, Petroleum and Explosives Safety Organization, A-Block, 5th Floor, CGO Complex, Seminary Hills, Nagpoor ? 440 006.
Maharashtra State.
6.The Director, Central Bureau of Investigation, 5B, 10th Floor, B-Wing, CGO Complex, Jawaharlal Nehru Stadium Marg, Pragathivihar, New Delhi ? 110 003.
7.The Chairperson, Central Board of Excise & Customs, New Delhi.
8.The Joint Director of CBI, Southern Region, Chennai.
9.The Deputy Superintendent of Police, Investigating Officer, CBI, Anti Corruption Branch, Sasthiri Bhavan, III Floor, Nungambakkam, Chennai ? 600 006.
10.The Marshal Sports Private Ltd., 2nd Floor, Esteem Regency, 6th Richmond Road, Bengalore, Karnataka ? 560 025.
11.The Managing Director, 2nd Floor, Esteem Regency, 6th Richmond Road, Bengalore, Karnataka ? 560 025..