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Madras High CourtWP/36626/2003dismissed as infructuous

S.Venkatesan v. The Contr Of Explosives Rep By

2017-07-14Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.36626 and 36915 of 2003 and W.P.M.P.Nos.44824 and 44497 of 2003 and W.V.M.P.No.2377 of 2003 S.Venkatesan .. Petitioner in W.P.No.36626 of 2003 M/s.Ranga & Co., a firm represented by Managing Partner, Mr.K.R.Sowmya Narain .. Petitioner in W.P.No.36915 of 2003 Vs.

1. The Controller of Explosives, Rep. by Joint Chief Controller of Explosives, (South Circle), 140, Rukmani Lakshmipathi Road, Marshals Road, Egmore, Chennai-600 008.

2. The Collector of Salem, Collector's Office, Salem.

3. Bharat Petroleum Corporation, Rep. by its Managing Director, Salem.

4. Ranga & Co., 72, Trichy Main Road, Dattubha Kuttai, Salem.

.. Respondents in W.P.No.36626 of 2003

1. Joint Chief Controller of Explosives, South Circle, 140, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

2. Deputy Chief Controller of Explosives, South Circle, 140, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

3. M/s.Bharat Petroleum Corporation, Represented by Area Marketing Manager, Ranganathan Road, Anna Nagar, Chennai-600 040.

4. R.Dayalan, Power Agent, C/o Mr.S.Subramanian .. Respondents in W.P.No.36915 of 2003 Writ Petition No.36626 of 2003 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first and second respondents to implement their order No.MA 3262, dated 05.12.2003 and consequently forbear from issuing license or any renewal thereof to the third or fourth respondents for storage of petroleum in underground tanks together with connected facilities and from operating a Petrol Bunk in the petitioner's property situated at No.72, Trichy Main Road, Salem, in violation of Rule 152 of the Petroleum Rules, 1976 or any other provision thereof enacted under the provisions of the Petroleum Act, 1934. Writ Petition No.

36915 of 2003 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records in proceedings No.Ma/3262, dated 05.12.2003 issued by the first respondent suspending the license granted to the third respondent in respect of the Petroleum Class A & B outlet at 72, Trichy Main Road, Salem, and quash the same.

For Petitioner in W.P.No.36626 of 2003 : Mr.R.Kumar For petitioner in W.P.No.36915 of 2003 : Mr.V.Srinivasan For Respondents in W.P.No.36626 of 2003 : Mr.J.Madana Gopal Rao, SPCCG for R-1 Mr.Akhil Akbar Ali, Govt. Advocate for R-2 Mr.O.R.Santhanakrishnan for R-3 R 4 N.A.

For respondents in W.P.No.36915 of 2003 :

Mr.J.Madana Gopal Rao, SPCCG for RR-1 & 2 Mr.O.R.Santhanakrishnan for R-3 No appearance for R-4

ORDER

When the Writ Petitions are taken up for hearing, learned counsel appearing for M/s.Bharat Petroleum Corporation submitted that the petitioners have vacated the premises in question and handed over the possession of the same to the landlord. In view of the said submission, nothing further survives for consideration in these Writ Petitions, which are accordingly dismissed as having become infructuous. No costs. W.V.M.P. and W.P.M.Ps. are closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar Copy to

1. The Joint Chief Controller of Explosives, The Controller of Explosives, Joint Chief Controller of Explosives, (South Circle), 140, Rukmani Lakshmipathi Road, Marshals Road, Egmore, Chennai-600 008.

2. The Collector of Salem, Collector's Office, Salem.

3. The Managing Director Bharat Petroleum Corporation, Salem.

4. The Deputy Chief Controller of Explosives, South Circle, 140, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

5. Area Marketing Manager, M/s.Bharat Petroleum Corporation, Ranganathan Road, Anna Nagar, Chennai-600 040.

+1 CC to Mr.O.R. Santhanakrishnan, advocate sr 49474. W.P.Nos.36626 and 36915 of 2003 VGI(CO) sp(17/08/2017)