Madras High CourtWP/18344/2023disposed of

K.Kathiravan v. The Chief Secretary

2023-07-12Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Kathiravan ..

Petitioner Vs.

1. The Chief Secretary (Rural Development and Panchayat Raj Department) Secretariat, Chennai 600 009.

2. The District Collector Collector's Office, Dharmapuri.

3. The Joint Chief Controller of Explosives Petroleum and Explosives Safety Organisation South Circle, A & D Wing Block 1-8, Second Floor Shastri Bhavan, No.26, Haddows Road Nungambakkam, Chennai 600 006

4. The Divisional LPG Sales Head Indian Oil Corporation Ltd.

Indane Divisional Office 8/1079, Avinashi Road Coimbatore 641 018.

5. The Chief Engineer Highways Department Guindy, Chennai 600 028.

6. The Tahsildar Tahsildar Office Harur Taluk Dharmapuri District.

7. S.Surendran

8. R.Malathi ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to stop the illegal construction for Gas Godown by the 7th respondent to be operated at S.No.36/1B2 situated at Thandekuppam Village, Thandekuppam, Harur Taluk, Dharmapuri District 636 903 on the basis of the petitioner's representation dated 07.06.2023. For the Petitioner : Ms.R.Hemalatha For Mr.S.Sasikumar For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1,2,5 & 6 Mr.V.Anantha Natarajan for Respondent-4 Mr.Sivakumar Rajappan for Respondent-8 No appearance - for Respondent-3 R7 not ready in notice

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.R.Hemalatha, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents 1, 2, 5 and 6, Mr.V.Anantha Natarajan, learned counsel for the fourth respondent and Mr.Sivakumar Rajappan, learned counsel for the eighth respondent.

2. It is submitted that the eighth respondent has obtained LPG dealership of the fourth respondent and has installed it near the School, which is not permissible.

3. Learned counsel for the fourth respondent submits that valid No Objection Certificate has been granted by the Controller of Explosives, after adhering to the Rules.

4. No distance is mentioned between the alleged School and the LPG Godown. It is submitted that the eighth respondent is operating the LPG Godown in her own land. There is no encroachment.

5. When an LPG Godown is to be installed, all the norms and the guidelines are required to be complied with and thereafter only, permission can be granted. Without permission, LPG Godown cannot be operated.

6. The petitioner has not placed on record any such violation. In case the petitioner comes across violation and if the petitioner is aggrieved, then, the petitioner may agitate in that regard.

7. With these observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.17547 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index :

Yes/No :

Yes/No kpl