Madras HC: Authorities duty bound to follow rules in cracker sales

Chennai: Pointing out that the aspects of the sale of crackers in a specified secluded place so as to protect the common people from avoidable fire accidents are already contained in the Explosives Rules and authorities are naturally duty bound to follow the rules, the Madras high court has dismissed a petition, which sought to direct the authorities to earmark some places in each and every town or city in the Cuddalore district to sell crackers during Deepavali festival season.

A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice R.Mahadevan dismissed the public interest litigation filed by Thadayam Babu alias Babu of Cuddalore district. "We are not inclined to entertain the PIL as we find it devoid of any particulars of violation of any law. Other than making reference to the Explosive Act, 1884 and the Rules framed there under, the allegation is "the rules are not strictly followed by the officials while issuing licenses to the shops for selling fire crackers". It is not clear as to how the rules are not being followed. The prayer is that the crackers should be sold in a specified secluded place so as to protect the common people from avoidable fire accidents near markets. In our view, these aspects are already contained in the rules and the authorities are naturally duty bound to follow the rules", the bench added.

 In his petition, Thadayam Babu alleged that the rules were not strictly followed by officials while issuing licenses to the shops for selling fire crackers. Thus, there was a possibility of huge loss of human lives as well as properties in case of any fire accident during Deepavali season. Therefore, it was necessary to earmark some places in each and every town or city in the Cuddalore district to sell the fire crackers during the Deepaval festival season so as to avoid any untoward incident, he added.