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Madras High CourtWP/11427/2020disposed of

Mr. Sundaramoorthi v. The Chairman

2022-06-24Honourable The Chief Justice,Honourable Mrs Justice N. Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.11427 of 2020 Sundaramoorthi ..Petitioner Vs.

1. The Chairman Indian Oil Corporation Ltd.

G-9, Indian Oil Bhavan Ali Yavar Jung Marg Near Kala Nagar Signal, Bandra (East) Mumbai 400 051.

2. The Chief Controller of Explosives Petroleum and Explosives Safety Organisation (PESO) A-Block, CGO Complex, 5th Floor Seminary Hills, Nagpur 440 006.

3. The Joint Chief Controller of Explosives A and D Wing, Block 1 - 8 Shastri Bhavan, No.26, Haddows Road Nungambakkam, Chennai 600 006.

4. The District Revenue Officer Tiruppur District, Collectorate Building Palladam Main Road, Tiruppur 641 604.

5. The Divisional General Manager (Retail Sales) Indian Oil Corporation Limited Coimbatore Area Office, Indian Oil Bhavan 8/1079, Avinashi Road, Coimbatore 641 018.

6. M/s. Valarmathi Co-operative Petrol Bunk IOCL Dealer, Survey No.187/1, Nallur Village Kangeyam Road, Tiruppur South Taluk Tiruppur District 641 606.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records of the Final Explosive Licence No.P/SC/TN/14/8797 (P424907) dated 25.06.2020 issued by the third respondent in

favour of the fifth respondent to operate a new Road side Petroleum Retail Outlet on Tiruppur-Kangayam Road, State Highway, (SH-172) at Survey No.187/1, Nallur Village, Tiruppur South Taluk, Tiruppur District 641 606, in close proximity to St. Joseph Matriculation Higher Secondary School and several public / residential buildings and quash the same and consequently, to direct the first and second respondents to take appropriate departmental actions against the officials responsible for issuing the impugned Final Explosive Licence contrary to law, prescribed procedures and neglecting public safety.

For the Petitioner : Mr.B.Harikrishnan For the Respondents : No appearance - for Respondent-1 Mr.K.Subbu Ranga Bharathi CGC, for Respondents 2 & 3 Mr.P.Muthukumar State Government Pleader for Respondent-4 Mr.Md.Fayaz Ali for Respondent-5 Mr.K.Sudhakar for Respondent-6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In view of the disposal of W.P.No.8864 of 2020 today (24.06.2022), nothing is required to be addressed in this writ petition and the order passed in W.P.No.8864 of 2020 will govern this writ petition. Accordingly, this writ petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.13941, 13943 and 13946 of 2020 and 4810 of 2021 are closed. Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar

kpl To:

1. The Chairman Indian Oil Corporation Ltd.

G-9, Indian Oil Bhavan Ali Yavar Jung Marg Near Kala Nagar Signal, Bandra (East) Mumbai 400 051.

2. The Chief Controller of Explosives Petroleum and Explosives Safety Organisation (PESO) A-Block, CGO Complex, 5th Floor Seminary Hills, Nagpur 440 006.

3. The Joint Chief Controller of Explosives A and D Wing, Block 1 - 8 Shastri Bhavan, No.26, Haddows Road Nungambakkam, Chennai 600 006.

4. The District Revenue Officer Tiruppur District, Collectorate Building Palladam Main Road, Tiruppur 641 604.

5. The Divisional General Manager (Retail Sales) Indian Oil Corporation Limited Coimbatore Area Office Indian Oil Bhavan, 8/1079, Avinashi Road Coimbatore 641 018.

+1cc to Government Pleader SR. No. 39819 +1cc to Mr.Mohammed Fayaz Ali, Advocate SR. No. 39503 +1cc to Mr.B.Harikrishnan, Advocate SR. No. 39275 +1cc to Mr.K.Subbu Ranga Bharathi Advocate SR. No. 39700 W.P.No.11427 of 2020 CA (CO) PR (08/07/2022)