Confidence Petroleum India Limited v. The Chief Controller Of Explosives
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2023 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos.28847 & 28849 of 2023 Confidence Petroleum India Limited Rep. By its General Manager, Mr.N.Murugan, Having its office at No.21, 6th West Cross Street, Shenoy Nagar, Chennai - 600 030.
.. Petitioner vs 1.The Chief Controller of Explosives Petroleum & Explosives Safety Organization (PESO) A-Block, CGO Complex, 5th Floor, Seminary Hills, Nagpur - 440 006.
2.The Commissioner of Police, Tambaram Commissionerate, Tambaram.
(R2 suo motu impleaded vide order dated 17.10.2023) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records on the file of the respondent and quash the impugned order dated 12.09.2023 made in S/HO/TN/05/389(S94063) and pass such further or other 1/5
orders as this Court may deem fit and proper in the circumstances of the case.
For Petitioner :
Mr.AL.Somayaji, Senior Counsel for M/s.King and Patridge For Respondents :
Mr.A.Kumaraguru SPC for R1 Mr.P.Anandakumar, Government Advocate for R2 (suo motu impleaded)
ORDER
Read this order in conjunction with and in continuation of order dated 06.10.2023. Status report dated Nil is filed today and the following four points have been highlighted therein:- "(1) The Land Survey No. is mentioned in premises details of license as "583/3", while in rest of the documents such as approved drawing issued by Respondent, NOC issued by Commissioner of Police, Tambaram Police Commissionerate, Chennai and copy of registered land lease documents (submitted by petitioner as mentioned above) has been mentioned as "538/3". It seems to be typographical error in license from the Respondent side.
(2) Certificate under Rule 18 submitted by the Petitioner was valid upto 15/02/2022 only.
(3) LPG supply agreement between M/s.Aegis and M/s. Confidence Petroleum India Ltd., was 2/5
valid upto 31/12/2022 only.
The Respondent has no mechanism to verity the originality of No Objection Certificate issued by Commissioner of Police, Tambaram Police Commissionerate, Chennai, hence, to verify the same, the copy of the NOC is being forwarded to NOC issuing authority i.e., Commissioner of Police, Tambaram Police Commissionerate, Chennai for verification of originality/genuineness of NOC."
2.
With respect to first point above, Mr.A.Kumaraguru, who appears for the Chief Controller of Explosives, would accede to the position that the typographical error is at their end and would be corrected forthwith.
3.
With respect to the second point, learned counsel for the petitioner would submit that a revalidated Rule 18 certificate has been obtained but they are unable to upload it on the website, as a valid explosives licence is required to access the website. The first respondent shall enable the website to receive a copy of the revalidated Rule 18 certificate or in the alternate, receive a copy of the Rule 18 certificate manually.
4.
With respect to the third point, the petitioner agrees to produce a copy of the updated LPG supply agreement between M/s.Aegis and and itself, before the authorities. 3/5
5.
With respect to the fourth point, the Commissioner of Police, Tambaram Police Commissionerate, Chennai, is suo motu impleaded as R2 and Mr.P.Anandakumar, learned Government Advocate, accepts notice. He will ensure that the validation of NOC shall be done forthwith and, at any rate, within two day's from today.
6.
Upon satisfaction of the aforesaid four points, the respondents undertake to issue revalidated explosive licence forthwith.
7.
Recording the aforesaid, and as nothing further survives in this matter, this writ petition is closed. No costs. Connected miscellaneous petitions are closed.
17.10.2023 Index:Yes/No ssm To 1.The Chief Controller of Explosives Petroleum & Explosives Safety Organization (PESO) A-Block, CGO Complex, 5th Floor, Seminary Hills, Nagpur - 440 006.
2.The Commissioner of Police, Tambaram Commissionerate,Tambaram.
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DR. ANITA SUMANTH,J.
ssm 17.10.2023 5/5