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Madras High CourtWP/34790/2025disposed of with direction

M.Kumaresan v. The Controller Of Explosives

2025-09-15Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 34790 of 2025 & W.M.P.No.38963 of 2025 M.Kumaresan Petitioner Vs

1. The Controller Of Explosives Petroleum And Explosives Safety Organisation, No 5, 5th East Cross Road, Gandhi Nagar, Vellore 632 006 2.The District Revenue Officer Vellore Distrct, Collectorate Complex Near Sathuvacheri Bus Stop, Vellore 632 009 3.The Divisional Retail Sales Head Indian Oil Corporation Limited, Chennai Divisional Office, Marketing Division, No. 500 Anna Salai, Teynampet Chennai 600 018 Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to cancel (i) the Final Explosive Licence No P / SC / TN / 14/ 2559 (P59478), valid up to 31.12.2028, under Rule 152 of the Petroleum Rules 2002 and (ii) the No Objection

Certificate No Rc. C2/ 74425 / 2003 dated 23.01.2004 under Rule 150 of the Petroleum Rules 2002 pursuant to the expiry of lease agreement on 13.01.2024 in respect of the Petroleum Retail outlet at Survey Nos. 644/2C3 and 645/2C3, Dharapadavedu Village, Katpadi Taluk, Vellore District For Petitioner :

For Respondents:

Mr.V.B.R.Menon Dr.S.Padma, SPC for R1 Mrs.S.Anitha, for R2 Spl.Government Pleader Mr.Mohammed Fayaz for R3

O R D E R

By consent on either side, the writ petition is disposed at the admission stage itself.

2. This petition has been filed seeking to issue a direction to the 1st and 2nd respondents to cancel (i) the Final Explosive Licence No P / SC / TN / 14/ 2559 (P59478), valid up to 31.12.2028, under Rule 152 of the Petroleum Rules 2002 and (ii) the No Objection Certificate No Rc. C2/ 74425 / 2003 dated 23.01.2004 under Rule 150 of the Petroleum Rules 2002 pursuant to the expriy of lease agreement on 13.01.2024 in respect of the Petroleum Retail outlet at Survey Nos. 644/2C3 and 645/2C3, Dharapadavedu Village, Katpadi Taluk, Vellore District.

3. It is the case of the petitioner that the petitioner had permitted the premises on lease to the 3 rd respondent for a specific period of 20 years, which had expired on 13.01.2024, even after expiry of the lease deed on 13.01.2024, though the petroleum outlet by the 3 rd respondent was closed, the

equipments, pipelines, etc., erected by the 3 rd respondent are yet to be removed. Further, even after the petitioner expressed unwillingness to extend the lease agreement vide letter dated 23.08.2023 to the 3 rd respondent and thereafter sent representations to the 1 st and 2 nd respondents on 27.10.2023, again, on 08.08.2025, requesting to suspend the license, the same has not been considered, hence the present writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the representation of the petitioner dated 27.10.2023 and 08.08.2025 and pass appropriate orders within the time stipulated by this Court.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondents to consider and pass orders on the petitioner's representation dated 27.10.2023 and 08.08.2025 within a period of four weeks weeks from the date of receipt of a copy of this order, after providing opportunity to the necessary parties.

7. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 15-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd

To 1.The Controller Of Explosives Petroleum And Explosives Safety Organisation, No 5, 5th East Cross Road, Gandhi Nagar, Vellore 632 006 2.The District Revenue Officer Vellore Distrct, Collectorate Complex Near Sathuvacheri Bus Stop Vellore 632 009 3.The Divisional Retail Sales Head Indian Oil Corporation Limited, Chennai Divisional Office, Marketing Division, No 500 Anna Salai, Teynampet Chennai 600 018

M.DHANDAPANI J.

ssd 15-09-2025