P.P.Enterprises v. The Joint Controller Of Explosives,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-05-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI AND WMP NO. 21594 OF 2025 P.P.Enterprises Rep. By Its Partner Petitioner Vs
1. The Joint Controller Of Explosives, A And D Wing, Block 1- 8, 2nd Floor, Shastri Bhavan, No.26 Haddows Road, Nungambakkam, Chenai 600006.
2.M/s. Reliance BP Mobility Ltd., Rep. By Its State Head - Tamil Nadu, 6th Floor No.89, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004.
Respondents PRAYER:- Writ Petition filed under Art.226 of Constitution of India, praying to issue a Writ of Mandamus directing the 1 st respondent to consider and pass and pass order on the Representation of the Petitioner dated 25/04/2025 on merits within a stipulated period of time.
1/5
For Petitioner:
Mr.K.Selvaraj For Respondents:
Mr.K.K.Muralitharan, (SCGC) for R1
ORDER
This Writ Petition has been filed seeking to directing the 1 st respondent to consider and pass orders on the representation of the petitioner dated 25.04.2025 on merit within a stipulated period.
2. The grievance of the petitioner is that he had entered into a dealership agreement dated 29.04.2005 with the 2 nd respondent to operate a Petroleum and Auto LPG Retail Outlet admeasuring 1153 sq.m. comprised in Resurvey No. 420/5A, 420/5B and 420/5C1 situated at Veerappan Chatram Village, Erode District in order to open a petrol bunk for a period of 20 years commencing from 29.04.2005 and expiring on 28.04.2025. The 1 st respondent had issued a license to store petroleum in the demised land of petitioner firm and to run petrol bunk to the 2 nd respondent on 18.07.2005. While being to, the 2 nd respondent by letter dated 05.02.2025 intimated the petitioner firm of their proposal to continue the dealership and to reappoint the petitioner firm as its dealer. But the petitioner expressed its unwillingness to continue the lease and agreed for the termination of agreement as on 28.04.2025, for which the 2 nd respondent through its communication dated 20.03.2025 had reiterated their desire to renew the lease agreement and insisted on the same. Since the 2/5
petitioner required the property for personal use and occupation of petitioner, they terminated the lease agreement. Accordingly, the petitioner firm had sent a detailed representation dated 25.04.2025 to the 1 st respondent requesting to cancel the petroleum license dated 18.07.2005, which was acknowledged by them, but so far they have not considered his request nor passed any order. Furthermore, as per Rule 152(1)(i) of the Petroleum Rules, 2002, every licence granted under the Rule shall stand cancelled, if the licensee ceases to have any right to the site for storing petroluem. Hence, once the lease period is expired, the licensee has no right to to site and license has to be cancelled. Therefore, he has filed this Writ Petition seeking to issue a direction to the 1 st respondent to consider his representation.
3. I have considered the submissions of learned counsel for petitioner and also perused the records carefully.
4. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 1 st respondent is directed to consider the petitioner's representation dated 25.04.2025 and pass orders on merit after giving opportunity to the 2 nd respondent within a period of eight weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed. 28-05-2025 3/5
Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp/mjs To 1.The Joint Controller Of Explosives, A And D Wing, Block 1- 8, 2nd Floor, Shastri Bhavan, No.26 Haddows Road, Nungambakkam, Chenai 600006.
2. State Head - Tamil Nadu, M/s. Reliance BP Mobility Ltd., 6th Floor No.89, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004.
3. The Public Prosecutor, High Court, Madras.
4/5
T.V.THAMILSELVI J.
rpp/mjs AND WMP NO. 21594 OF 2025 28-05-2025 5/5