Ramasamy.K v. The Joint Chief Controller Of Explosives
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.03.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.10288 of 2025 Ramasamy. K, S/o. Kandhasamy, 1/1078, K. Chettipalayam, Dharapuram Road, Tiruppur - 641 604.
... Petitioner /versus/
1. The Joint Chief Controller of Explosives Petroleum & Explosives Safety Organisation (PESO), South Circle, Chennai, A&D Wing, Block 1-8, 2nd Floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai- 600 006.
2. The District Revenue Officer, Tiruppur District, Collectorate, Cotton Market Building, Tiruppur District- 641 604.
3. The State Head - Tamilnadu, Reliance BP Mobility Limited., (Formerly Reliance Industries Limited), 6th Floor, No.89, Dr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.
... Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, Writ of Mandamus, directing the 1st Respondent to cancel the Final Explosive Licence No.P/SC/TN/14/4324 (P148488), renewed on 24.11.2021 and valid up to 31.12.2031 and the 2nd Respondent to cancel the No Objection Certificate No.R.Dis.12656/2005/01 dated 19.06.2005 that were issued to the 3rd respondent for operating a Petroleum Retail outlet at Survey Field No.23B/2A1, Muthanampalayam village, Tiruppur South Taluk, Tiruppur District, Tamil Nadu - 641 604.
For Petitioner : Mr.V.B.R.Menon For Respondents : Mr.K.S.Jayaganesan, Senior Panel Counsel, for R1 : Mr.S.Balamurugan, Government Advocate (Crl.Side), for R2
O R D E R
This writ petition is filed to cancel the final explosive licence which is renewed up to 31.12.2031.
2. The grievance of the petitioner is that the lease itself has expired in the meanwhile and the petitioner has not extended the lease and therefore, the petitioner is praying that the license which is there in favour of the 3rd respondent shall be cancelled.
3. When the matter came up for hearing, K.S.Jayaganesan, Learned Counsel appears on behalf of the first respondent seeks time to get instructions from the respondent. Mr.S.Balamurugan, Learned Government Advocate appears on behalf of the second respondent and also seeks time to get instructions.
4. In view of the nature of order that is proposed to be passed in the writ petition, this petition is disposed of, by not giving further time or not ordering notice to the 3rd respondent, as this Court is not deciding any of the rights of the parties. This writ petition is disposed of on the following terms: (i) The first respondent shall consider the representation made by the petitioner on 17.02.2025 and conduct an enquiry in respect thereof.
(ii) The first respondent shall hear the petitioner as well as the 3rd respondent or any other person interested in the matter. The petitioner as well as the 3rd respondent shall place all their submissions before the first respondent and second respondent and same shall be considered in accordance with law and final orders be passed.
(iii) The said exercise shall be completed within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.
(iv) The first and second respondents shall issue notice and conduct enquiry and conclude the proceedings in the manner known to law.
6. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
17.03.2025 : No.
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To,
1. The Joint Chief Controller of Explosives Petroleum & Explosives Safety Organisation (PESO), South Circle, Chennai, A&D Wing, Block 1-8, 2nd Floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai- 600 006.
2. The District Revenue Officer, Tiruppur District, Collectorate, Cotton Market Building, Tiruppur District- 641 604.
3. The State Head - Tamilnadu, Reliance BP Mobility Limited., (Formerly Reliance Industries Limited), 6th Floor, No.89, Dr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.
4. The Government Pleader, High Court, Madras.
D.BHARATHA CHAKRAVARTHY , J.
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