Madras High CourtWP/33650/2022dismissed

R.Dinesh Kumar v. The Joint Chief Controller Of Explosives

2022-12-15Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.33650 of 2022 R.Dinesh Kumar ..

Petitioner Vs.

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

2. The District Collector Office of the District Collector Thiruvallur District.

3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Ponneri Thiruvallur District.

4. The Tahsildar Gummidipoondi Taluk Thiruvallur District.

5. The Territory Manager (LPG Chennai) M/s. Bharat Petroleum Corporation Limited Chennai LPG Bottling Plant J1-J6, SIPCOT Industrial Complex New Gummudipoondi, Thiruvallur District Tamil Nadu 601 201.

6. D.Umamageshwari ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent authorities to consider and dispose of the petitioner's representations dated 09.05.2022 and 13.05.2022.

For the Petitioner : Mr.S.Gopi For the Respondents : Ms.N.K.Nithila Vani Central Government Counsel for Respondent-1 Mr.P.Muthukumar State Government Pleader for Respondents 2 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) This public litigation has been filed for a direction to the respondent authorities to consider the representations of the petitioner dated 09.05.2022 and 13.05.2022, wherein, the petitioner has raised objection for setting up a commercial LPG Cylinder Godown.

2. According to the petitioner, One Devendran, the husband of the sixth respondent and Vice President of Natham Village Panchayat, is planning to set up a commercial LPG cylinder godown in his agricultural land of an extent of 1.5 acres in S.No.200/8. The proposed godown is within 30 meters radius from a transformer and therefore, there is a possibility for fire accident. Hence, the village people made a representation to the respondents not to grant permission to the sixth respondent for opening a LPC cylinder godown. Again they made a representation to the fifth respondent on 13.05.2022.

3. In the meantime, the said Devendran lodged a false complaint against the village people and hence, they were called upon to appear for an enquiry. Though they appeared several times, the issue was not settled. On 02.10.2022, in Grama Sabha, the Village Panchayat passed a resolution opposing grant of permission to the sixth respondent for setting up a commercial LPG cylinder godown in their locality. As no action has been taken pursuant to their representations, the petitioner has come up before this Court.

4. Learned counsel for the petitioner submitted that in residential area, a commercial LPG cylinder godown cannot be opened, especially when the land where the godown is to be set up is closer to an electric transformer.

5. Learned State Government Pleader submitted that the objection made by the petitioner and the village people will be taken into consideration and that the setting up of a commercial LPG cylinder godown has been postponed. He further submitted that for opening a LPG cylinder godown, the sixth respondent has to obtain NOC not only from the Fire Service Department, but also from the first respondent and that only on compliance of statutory requirements, license will be granted.

6. Admittedly, neither NOC nor license has been issued to the sixth respondent for opening a commercial LPG cylinder godown. Thus, there is no cause of action for filing a writ petition. Hence, the writ petition is premature. Accordingly, the writ petition is dismissed.

However, it is made clear that if the sixth respondent is granted license in violation of any statutory conditions, the petitioner is at liberty to proceed against the same in accordance with law. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 15.12.2022 kpl To

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

2. The District Collector Office of the District Collector Thiruvallur District.

3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Ponneri, Thiruvallur District.

4. The Tahsildar Gummidipoondi Taluk, Thiruvallur District.

T.RAJA, ACJ, and D.

BHARATHA CHAKRAVARTHY ,J (kpl) 15.12.2022