High Court · 2025

W.P(MD)No.25099 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 29.10.2025CORAMTHE HONOURABLE MS.JUSTICE P.T.ASHAWrit Petition(MD)No.25099 of 2024andW.M.P(MD)No.21348 of 2024S.Saroja ..Petitioner Vs1.The Commissioner of Police, O/o The Commissioner of Police, Madurai City, Madurai.2.The District Officer, Fire and Rescue Service Department, Madurai, Madurai District.3.The Commissioner, Madurai Corporation, Anna Maligai, Tallakulam, Madurai -2.4.The Inspector of Police, Anna Nagar Police Station, Madurai. ..RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent under his proceedings bearing number F.No.V2/12865/41/2024 dated 07.10.2024 and quash the same as illegal unsustainable and consequently direct the 1sr respondent to renew the 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 2024petitioner's permanent license bearing number V2/EXPLO/E3-08/2019 for the retail sale of fire crackers for the period 2024-2025 on the basis of her application dated 16.02.2024 submitted before the 4th respondent for petitioner permanent shop namely saroja fireworks situated at Door No.599E UDR.S.No.114/3A Mariamman Nagar, Vandiyur Village, Madurai North Taluk, Madurai. For Petitioner : Mr.M.Ponniah For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader (for R1 & R2) Mr.S.Vinayak (for R3) Mr.S.Prakash Govt. Advocate (crl. side) (for R4) ORDERChallenging the order passed by the first respondent cancelling the permanent fireworks licence earlier granted to the petitioner, and seeking a consequential direction to renew the said licence, the petitioner has approached this Court.2. The brief facts leading to the filing of this writ petition, as set out in the affidavit, are as follows:The petitioner states that she is the absolute owner of the property comprised in UDR S.No.114/3A, measuring an extent of 2574 sq.ft. (17 cents), together with the construction thereon, situated at Mariamman Nagar, Vandiyur II Bit Village, Madurai North Taluk, Madurai, which she had purchased under a registered sale deed dated 02.09.2015. Since then, 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 2024she has been in possession and enjoyment of the same. The petitioner contends that she constructed a shop for the purpose of retail sale of fireworks after obtaining the necessary building plan approval and other required permissions. She was issued a licence for the period from 01.10.2019 to 31.03.2020. According to her, prior to the issuance of the licence, the Station Officer of Tallakulam Police Station inspected the premises and submitted his report recommending the grant of licence, following which the second respondent issued the licence in accordance with the rules.3. The petitioner further submits that she also obtained a permanent shop licence from the Municipal Administration and Water Supply Department, Madurai Corporation (third respondent) and paid the requisite licence fee. The fireworks licence was periodically renewed by the respondents 1 to 3 for the periods 2020–2021, 2021–2022, 2022–2023, and 2023–2024 without any defect. The petitioner submitted an application for renewal of the licence for the period 2024–2025 and paid the necessary fees. Her application, submitted to the fourth respondent, was forwarded to the first respondent for approval. However, the approval was neither granted nor rejected, and the matter remained pending. Consequently, the petitioner filed W.P.(MD)No.22479 of 2024, and this Court, by order dated 24.09.2024, directed the first respondent to pass appropriate orders on the application. Thereafter, the first respondent issued a notice dated 25.09.2024 calling for 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 2024a written explanation within two days, which the petitioner submitted on 27.09.2024. Subsequently, the impugned order came to be passed, rejecting the renewal. Aggrieved by the same, the petitioner has filed this writ petition.4. The first respondent rejected the petitioner’s request on the ground that her shop is located within 50 metres of a temple, and therefore, the licence could not be renewed. This rejection is under challenge.5. The learned counsel for the petitioner submits that the basis of rejection is wholly misconceived. The Explosives Rules do not prescribe any such distance restriction for permanent shops. Rule 84 of the Explosives Rules prescribes distance norms only for temporary shops. He also draws attention to the order of the Division Bench in W.P.(MD)No.20232 of 2015 dated 12.04.2017, wherein the Bench itself queried why such distance regulations had not been prescribed for permanent shops, though they exist for temporary shops. A committee was appointed to examine the issue and recommendations were made, but they have not yet been incorporated in the Act/Rules. Hence, until any amendment is made, the respondents cannot rely upon the rule applicable to temporary shops to deny renewal of a permanent shop licence, especially when renewals have been consistently granted from 2019–2020 onwards.4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 20246. The learned Special Government Pleader, however, relies on the Division Bench order to contend that there cannot be a discrepancy between temporary and permanent shops, and therefore the impugned order does not warrant interference.7. I have considered the rival submissions of either side.8. Section 83 of the Explosives Rules, which deals with permanent shops, reads as follows:(1) Fireworks shall not be sold from a shop situated in a building having a residential occupancy on the upper floor or in a building which is used simultaneously for any other purpose.(2) No oil burning lamps, gas lamps or naked lights shall be used in the shop premises.(3) The shop shall have adequate ventilation and all displays of fireworks shall be in such a manner that accidental ignition is unlikely.(4) Fireworks shall be kept in a sturdy receptacle or a non-flammable cupboard with proper partitions.(5) Electrical wiring and fittings in the shop shall be as per relevant standards and maintained in good condition.(6) A minimum of two dry-chemical fire extinguishers of appropriate capacity shall be provided and kept in good working condition.(7) Every shop shall display “NO SMOKING” boards conspicuously.(8) Licences for permanent shops shall be granted subject to such conditions as the licensing authority may impose in accordance with these Rules.5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 20249. Rule 84, on the other hand, deals with temporary shops. Rule 84(2) of the Explosives Rules, reads as follows:“84(2). No temporary shop shall be permitted within 50 metres of any protected work such as places of worship, hospitals, schools, residential premises, markets, public roads, railway lines, or any place where large numbers of people assemble. The shop shall be located only in a well-ventilated, open space, and constructed of non-flammable materials.”10. Rule 2(43) defines “protected works,” and the definition includes places of worship. Thus, Rule 84 prescribes minimum distances for temporary shops located near protected works. However, no such specification exists under Rule 83 for permanent shops. The Division Bench’s order merely records the recommendations of the committee and notes the requirement of publishing the same in the Gazette and inviting objections/suggestions from stakeholders. None of these steps have been completed till date.11. In these circumstances, the impugned order, which relies upon distance criteria applicable only to temporary shops, cannot be sustained. Accordingly, the impugned order is set aside. This writ petition is allowed. Since the sole ground for rejection was the alleged distance to a place of worship, the first respondent is directed to issue the licence to the petitioner 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 2024within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.29.10.2025NCC : Yes/NoIndex : Yes/NoInternet:YessknTo1.The Commissioner of Police, O/o The Commissioner of Police, Madurai City, Madurai.2.The District Officer, Fire and Rescue Service Department, Madurai, Madurai District.3.The Commissioner, Madurai Corporation, Anna Maligai, Tallakulam, Madurai -2.4.The Inspector of Police, Anna Nagar Police Station, Madurai.7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.25099 of 2024P.T.ASHA, J. skn Writ Petition(MD)No.25099 of 2024andW.M.P(MD)No.21348 of 2024 29.10.20258/8