Madras High Court

WP/42724/2026 of R.SELVARAJ and brother Vs The Joint Chef Conrtoller of Explosives on 28 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 42724 of 2026

CNR:{HCMA012495272026}

AND

WMP NO. 48009 OF 2026

R.Selvaraj and Brother

Represented herein by its partner,

R.Raja,

Carrying on business at

No.48, Anderson street, Seethakadhi Nagar, Chennai 600 001

..Petitioner(s)

Vs

The Joint Chef Controller of Explosives, South Circle-Chennai, Government of India, Petroleum and Explosives Safety Organisation (PESO), A and D Wing, Block 1-8, II Floor, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai 600 006

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to process the Renewal Application dated 19.06.2026 in Online Inward No.200230 of the petitioner without insisting on submission of registered lease deed in respect of License bearing No.E/SC/TN/24/12/(E19643).

For Petitioner(s):

For Respondent:

Mr.U.Baranidharan

Mr.P.Palaninathan

Special Panel Counsel

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Order

This writ petition has been filed seeking a direction to the respondent herein to process the renewal application dated 19.06.2026 in Online Inward No. 200230 submitted by the petitioner, without insisting on the submission of a registered lease deed in respect of Licence No. E/SC/TN/24/12/(E19643).

2. The petitioner is running a shop selling crackers, sparklers and fireworks under a licence issued by the respondent in the 1980s. The licence has been periodically renewed and was last renewed on 16.09.2025, valid upto 31.03.2026. The petitioner would submit that the shop is situated in rented premises belonging to the Menon Masjid and that there have been no disputes or objections regarding the tenancy for the past four decades. The petitioner would contend that Rule 112 of the Explosives Rules, 2008 does not mandate the production of a registered lease deed for renewal of the licence. Though the petitioner submitted the prescribed renewal application in Form RE-1 along with the original licence and renewal fee, the respondent renewed the licence only for one year instead of the usual five years, citing non-production of a registered lease deed. The petitioner has further submitted a fresh renewal application on 19.06.2026, which is pending consideration. The petitioner therefore seeks a direction to the respondent to consider the renewal application without insisting on the production of a registered lease deed, contending that such a requirement is not prescribed under the Rules and that the delay may affect the seasonal business during the upcoming Diwali festival.

3. Heard the learned counsel on both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to process the renewal application dated 19.06.2026, without insisting upon a registered lease deed, taking into account the fact that the petitioner has been carrying on the same business for decades and that the licence has been periodically renewed.

5. Rule 112(5) and Rule (8) of the Explosives Rules, 2008, read as follows: “(5) If the application for renewal reaches the renew- ing or licensing authority on or before the date of expiry, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an in- timation that the renewal of the licence is refused has been communicated to the applicant.

(8) Every licence granted under these rules other than a li- cence granted for a specified period shall be renewable for a maximum period of five years where there has been no contravention of the Act or these rules framed there under or of any condition of the licence so renewed.”

6. In view of the above provisions, the respondents shall not interfere with the petitioner's ongoing operation of the firecracker business under the name and style of R. Selvaraj and Bros., No. 48, Anderson Street, Seethakadhi Nagar, Chennai – 600 001, pending consideration of the renewal application.

7. However, in order to comply with the Rules, the petitioner shall produce a “No Objection Letter” from the landlord stating that the petitioner is occupying the premises in question as a lessee and that the landlord has no objection to the renewal of the licence. The said “No Objection Letter” shall be submitted to the respondents within two days, i.e., on or before 30.10.2026. On receipt of the same, the respondents shall process the renewal application within a period of two weeks therefrom.

8. With the above direction, this writ petition is disposed of. No costs. Connected miscellaneous petition is closed. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN To The Joint Chef Controller of Explosives South Circle-Chennai, Government of India, Petroleum and Explosives safety organisation (PESO), A and D Wing, Block 1-8, II Floor, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai 600 006

P.T.ASHA J. SRN WP No. 42724 of 2026 AND WMP NO. 48009 OF 2026 28-10-2026

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