V.S.Kumaran v. The Joint Chief Controller Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.7548 of 2015 V.S.Kumaran ..Petitioner
Versus
1.The Joint Chief Controller of Explosives Petroleum & Explosive Safety Organisation South Circle, A&D Wing Block 1-8, II Floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam Chennai - 6.
2.The Controller of Explosives, Petroleum & Explosive Safety Organisation No.3, 5th Cross Road, Gandhi Nagar Vellore-6.
3.M/s.Bharath Petroleum Corporation Limited Chennai Territory Office, rep.by its Manager Vaidhyanathan Street, Tondiarpet, Chennai 600 081.
4.M/s.lakshmi Narasimha and Sons represented by its Manager Door No.107, Arani Road, Sankaranpalayam, Vellore 632 001.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of MANDAMUS directing the 1st respondent to dispose of the representation of the petitioner dated 03.10.2014 in accordance with the communication of the 2nd respondent dated 20.11.2014.
For Petitioner :
Mr. M.Rajasekhar For Respondents :
Mr.Babu Rangasamy, Senior Panel Counsel, Govt.of India
ORDER
Heard Mr. K.M.Rajasekhar, learned counsel for the petitioner and Mr.Babu Rangasamy, learned Senior Panel Counsel, Government of India, accepting notice on behalf of the respondents 1 and 2 and with their consent, the writ petition is disposed of at the admission stage itself. Since this Court is not inclined to go into the merits of the petitioner's allegation made against the respondents 3 and 4, notice to the respondents 3 and 4 is dispensed with. 2.The petitioner seeks for a limited relief to direct the 1st respondent his representation dated 09.12.2014. The petitioner is the owner of the property in which the 3rd respondent Petroleum Corporation has established a Retail Outlet which is said to have been operated throught the 2nd respondent.
The specific contention of the petitioner is that the Explosive License has not been renewed beyond 31.12.2012. In support of such submission, reference is made to the communication received from the 2nd respondent dated 14.10.2014. Further, the petitioner has been informed by the 2nd respondent that his representation has been forwarded to the 1st respondent for necessary action.
3.In the light of the above, there will be a direction to the 1st respondent to consider the petitioner's representation dated 09.12.2014 after issuing notice to the petitioner as well as to the respondents 3 and 4 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
4.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Joint Chief Controller of Explosives Petroleum & Explosive Safety Organisation South Circle, A&D Wing Block 1-8, II Floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam Chennai - 6.
2.The Controller of Explosives, Petroleum & Explosive Safety Organisation No.3, 5th Cross Road, Gandhi Nagar Vellore-6.
3.M/s.Bharath Petroleum Corporation Limited Chennai Territory Office, rep.by its Manager Vaidhyanathan Street, Tondiarpet, Chennai 600 081.
4.M/s.lakshmi Narasimha and Sons represented by its Manager Door No.107, Arani Road, Sankaranpalayam, Vellore 632 001.
+ 1 cc to Mr.M Raja Sekhar, Advocate SR.15387 + 1 cc to Mr.Venkatesamy Babu, Advocate SR.15410 KGK(CO) EU 30.03.2015 WP.No.7548 of 2015