Madras High Court
Rajakumar vs The Commissioner Of Police on 17 October, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P(MD)No.23246 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.10.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.23246 of 2022
Rajakumar ..Petitioner
Vs
1.The Commissioner of Police,
Trichy City,
Trichy.
2.The District Fire Officer (i/c),
Fire and Rescue Service,
Trichy 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
give Crackers License to sell and possess during Diwali Festival season in the
light of the orders passed by the Hon'ble High Court in W.P(MD)No.20232 of
2015 and W.P(MD)No.18600 of 2017 dated 12.04.2017 and 23.10.2017 and as
well as strictly adhering to Rule 83(3) of the Explosive Rule 2008 based on the
petitioner's representation dated 21.09.2022.
For Petitioner :Mr.N.Anandakumar
For R1 :Mr.B.Thanga Aravindh
Government Advocate (Crl.side)
For R2 :Mr.A.Kannan
Additional Government Pleader
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W.P(MD)No.23246 of 2022
ORDER
The petitioner has filed the Writ Petition seeking issuance of a Writ of Mandamus, directing the respondents to give Crackers License to sell and possess during Diwali Festival season in the light of the orders passed by the Hon'ble High Court in W.P(MD)No.20232 of 2015 and W.P(MD)No.18600 of 2017 dated 12.04.2017 and 23.10.2017 and as well as strictly adhering to Rule 83(3) of the Explosive Rule 2008 based on the petitioner's representation dated 21.09.2022.
2. The learned counsel appearing for the petitioner would submit that the petitioner obtained permanent Crackers license in the year 2016 for his shop namely “Bharath Traders” situated at “Thiruvanaikovil” and the said license was issued by the Chief Controller of Explosives, Chennai in the year 2016. He is selling the crackers from the year 2007 onwards at Srirangam and he used to sell crackers with proper license till 2019 during Diwali season as per the norms and duration stipulated in the license and thereafter, due to dispute between the petitioner and his landlord, he is not in a position to continue the said business even after his hectic efforts and by filing writ petitions before this Court. From 2016 onwards he has started another Crackers shop at Thiruvanaikovil in the name and style of “Bharath Traders” and the said shop is https://www.mhc.tn.gov.in/judis 2/10 W.P(MD)No.23246 of 2022 granted with permanent License issued by the Chief Controller of Explosives, Chennai in the year 2016. Due to misunderstanding between himself and the owner of his Srirangam shop, he was unable to get no objection certificate from his owner and due to which, he has filed a writ petition in W.P.Nos.(MD)No. 14660 of 2020 and 17846 of 2021 and the same is pending before this Court, however, he is running his permanent license shop namely “Bharath Traders” at Thiruvanaikovil. In Trichy District nearly more than 60 crackers and fireworks sellers are there and some of them are selling crackers during Diwali season alone and some sellers are having permanent license issued by the Chief Controller of explosives, Chennai. The District Magistrate is the competent authority to issue license to possess and sell from a shop at any one time not exceeding 100 kg of manufactured fireworks of Class-7, Division-2, Sub Division-2 and 500 kg of Chorsa Crackers are sparklers as per Article 5(b) of Part-1 in schedule-IV of the explosive rules 2008 and the said class-7 is the license given by the District Magistrate (District Collector, Commissioner of Police) during Diwali season.
3. He would further submit that the controller of Explosives is the competent Authority for the issuance of License to possess and sell from a shop of manufactured fireworks of Class-7, Division-2, Sub-Division-2, exceeding https://www.mhc.tn.gov.in/judis 3/10 W.P(MD)No.23246 of 2022 100 kgs but not exceeding 300 kgs and chorsa crackers are sparklers exceeding 500 kgs but not exceeding 1200 kgs as per Article 5(f) of part-1 in schedule-IV of the Explosive Rules 2008. As per Rule 83(3) of the Explosive Rules 2008, the premises shall have storage area not less than Nine square meters and not more than 25 square meters and Rule 83 further mandated other conditions to satisfy the requirements related to the shop. Rule 84 of the Explosive Rule 2008 deals with the temporary license issued by the District Magistrate for selling and possession and sale of fireworks in a temporary shop conditions and as per rule 84(1) the fireworks shall be kept in a shed made of non-flammable material, which is closed and secured so as to prevent unauthorized persons having access there to. For the past few years, license has been issued by the District Collectors and Commissioner of Police for selling crackers in Marriage halls, Shopping Malls, Play grounds and other grounds in the City and Rural areas and it is pertinent to note that mega sheds adjacent to shopping Mall, Marriage Halls etc., are also provided with license and these type of shops are having a storage area of around 1000 to 2000 square feet in one place and this is violative of Rule 83(3) of the Explosives Rules 2008 and very purpose of stipulating the storage minimum and maximum area is to ensure the minimum and maximum storage of crackers and fireworks as per the license and the District Magistrate who are the first and second respondent herein can give https://www.mhc.tn.gov.in/judis 4/10 W.P(MD)No.23246 of 2022 license to possess and sell from a shop at any one time, not exceeding 100 gs of manufactured fireworks of Class-7, Division-2, Sub Division-2 and 500 kgs of chorsa Crackers or sparklers.
4. As per the Rule no one is permitted to possess and sell exceeding 100 kgs of manufactured fireworks of Class-7 and no one is permitted to possess and sell exceeding 500 kgs of chorsa Crackers and sparklers and whereas permitting and issuing license to the shop having a storage area in more than 1000 sq.feet will leads unauthorized storage quantity and having exhibited all the fireworks in more than 1000 sq.feet and allowing people inside the shop freely and handling fireworks by themselves would invite danger of fire accident inside the premises and even in sheds it must be closed and secured and whereas mega structured sheds without proper closure has also been issued with license and this would lead accident and would endanger the public and even in the year 2021 there are licenses issued to so many temporary shops having more that 2000 to 3200 sq.feet and also in Marriage halls and licenses issued to shops in which upper floor is dwelling house and also licenses issued to shops where there is no exit door.
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5. He further submitted that issuing license to sell crackers in a huge area like shopping mall, Marriage Hall, Mega structured sheds having situated more than 1000 to 2000 sq.feet in contravention to the Rule would ultimately affect the sellers like the petitioner adversely, since they are running shops within the permitted storage area under 25 sq.meters, since all the public would be eager to enter and shop in mega structured shopping malls and sheds without knowing the danger to their life and in the other hand his livelihood will also be affected. In the year 2017 following the order of this Court in W.P(MD)No. 18600 of 2017, several shops licenses were cancelled and strangely some of those shops were again issued with license last year and this is violative of Rules and regulations and guidelines issued by this Court. This Court in W.P(MD)No.20232 of 2015 and W.P(MD)No.18600 of 2017 issued guidelines for the issuance of selling cracker license by the appropriate authorities concerned for the safety of the public. Due to which, last year, he has sent a representation to the license issuing authorities to adhere the Rule 83(3) of the Explosive Rules, 2008 and also he has filed a writ petition in W.P(MD)No. 19323 of 2021. Thereafter, he sent representation to the respondents dated 21.09.2022 and the same was not considered till then. Hence, he has filed the present writ petition.
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6. This Court by order dated 23.10.2017 in W.P(MD)No.18600 of 2017 has passed an order stating that the genuine endeavours made by the respondents 4 & 5 therein in taking an immediate, effective, efficacious swift and diligent action in regard to the regulation of the Explosives Rules 2008 and accordingly, disposes of the present writ petition as nothing survives for adjudication and in the said writ petition the learned Special Government Pleader submitted that seven crackers licences were cancelled by the sub- Divisional Magistrate after noticing the violation of Rules stipulated in the Explosive Rules, 2008. The authorities were strictly instructed to keep a close watch in the subject matter in issue and to launch legal action against the errants and this was seriously reviewed in the law and order meeting held by the District Collector during the earlier months. That being the case, the petitioner's case was considered and appropriate orders were passed on 7.7.... and till the authorities are following the same and proper licenses are issued to the persons and it is a business rivalry and there is no allegation that they are having more number of crackers then permitted.
7. The learned Additional Government Pleader appearing for the second respondent would submit that one Rangarajan has sent a letter to the https://www.mhc.tn.gov.in/judis 7/10 W.P(MD)No.23246 of 2022 Commissioner of Police, Trichy for not to sanction of temporary cracker license to the petitioner on the ground that the shop building is very old building, it is very near to Srirangam Rajagopuram and Srirangam Government Hospital and very crowded area with the floating population of Srirangam. Apart from that there is no emergency exit for the shop which is mandatory for every cracker shop.
8. The apprehension of the petitioner is, that issuing license to sell crackers in a huge area like shopping mall, marriage hall, mega structured sheds having situated more than 1000 to 2000 sq.ft in contravention to the rule would ultimately affect the sellers like the petitioner adversely, since they are running shops within the permitted storage area under 25 sq meters, since all the public would be eager to enter and shop in mega structured shopping malls and sheds without knowing the danger to their life and in the other hand, the petitioner's livelihood will also be affected, without any valid evidence and the petitioner has to obtain the No Objection Certificate from the owner of the building and hence, this Court is not inclined to give a direction as prayed for by the petitioner.
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9. Accordingly, the writ petition stands dismissed. No costs.
Index :Yes/No
Internet :Yes/No 17.10.2022
am
To
1.The Commissioner of Police,
Trichy City,
Trichy.
2.The District Fire Officer (i/c),
Fire and Rescue Service,
Trichy District.
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W.P(MD)No.23246 of 2022
V.BHAVANI SUBBAROYAN, J.
am
W.P(MD)No.23246 of 2022
17.10.2022
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