MUTHUKRISHNAN Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Fire work?, instead of lighting up the sky darkens the bright sky of Virudhunagar. The culprit fire work is prohibited illegal Chinese crackers. The authorities have to foresee the problems in advance and to take necessary steps to prevent unwanted and dangerous consequences / results and at least to act swiftly in case of any danger. Our country is thickly populated one, coming next to China. We are facing security problems not only externally, but also internally. At a time, when our enemies are bent upon de- stabilizing our country economically as well as security wise, we should be very careful to allow any foreigner as well as foreign materials with great caution and after proper verification. Are we cautious enough? The facts of the case would reflect the reality.

(2.) By way of this Public Interest Litigation, the petitioner wants a writ of mandamus directing the respondents 1 to 12, to strictly enforce the third respondent's circular in No.17 (10) 2007 - Explosives, dated 05.03.2010 and further direct the respondents 2 to 11, seize all illegally imported explosives items (particularly Chinese crackers) and destroy the same as per the Explosive Act. The petitioner claiming himself to be a member of the Executive Committee of Adhi Thamilar Peravai states that he is involved in many social activities and also fighting for welfare of fire works employees. He would contend that out of 982 Fireworks Factories in India and 800 factories are running in and around Virudhunagar. About, 5 Lakhs of people are directly or indirectly depending upon the said industry for employment. Sivakasi is fulfilling 90% of all India demand and considerable portion of fireworks are also exported to foreign countries.

(3.) It is contended by the petitioner that on 14.05.2014, the Assistant District Magistrate (Tahsildar) Sivakasi inspected a sales Depot belonging to one Mr.Ganesh Babu, son of Soundara pandian, Periyandavar Colony, Sivakasi and found that he was possessing and selling the prohibited Chinese fireworks, which were said to have been purchased from a owner of fireworks, Sivakasi and the said fireworks were seized. However, the complaint was lodged only on 17.05.2014 and FIR was registered on the same date. Though police authorities were present there, they did not take any step as per Explosives Rules; The higher authorities, regarding the inspection and seizure of the Chinies crackers, should have been informed by the Assistant Magistrate (Tahsildar) and take necessary steps to lodge a complaint with the police; The Deputy Chief Controller of Explosives also did not take any action regarding the availability of Chinese crackers by having further search; Though the officials inspected the place on 14.05.2014, the case was registered only on 17.05.2014 belatedly. Complaining inaction on the part of the respondents-authorities regarding seizure of Chinese crackers and non- compliance of the Explosive Rules, the petitioner has approached this Court, seeking a direction to enforce the circular and hand over the investigation to CBI.