M.Velmurugan v. A.Alawdeen
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and C.M.P.Nos.3252, 3256 & 3258 of 2025 G.Velmurugan ... Appellant/4th Respondent Vs.
1.
A.Alawdeen ... Respondent/Petitioner The Joint Chief Controller of Explosives, Petroleum and Explosives Safety Organisation (PESO), South Circle, Chennai A & D Wing, Block 1-8, 2nd floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.
The District Revenue Officer, Villupuram District, Master Plan Complex, Collectorate, Villupuram - 605 602.
4.
The Divisional Manager, Indian Oil Corporation Limited, "Triveni" 3rd floor, B-35, Shastri Road, Thillai Nagar, Tiruchirappalli - 620 018.
... Respondents/Respondents 1-3
Prayer: Writ appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 18.11.2024 in W.P.No.34381 of 2024. For Appellant : Mr.M.Murugaboopathy For Respondents : Mr.V.B.R.Menon for R1 Mr.Vadivelu Deenadayalan Additional Government Pleader for R3
J U D G M E N T
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ order dated 18.11.2024 passed in W.P.No.34381 of 2024 is under challenge in the present writ appeal.
Heard both the parties.
The proceedings dated 10.12.2024 issued by the Joint Chief Controller of Explosives, Chennai reveals that explosive license granted to the appellant under Petroleum Rules 2002, has been suspended. The challenge made by the first respondent Mr.A.Alawdeen, before the writ court was allowed. One of the ground raised by the appellant is that he was not heard by the writ court.
4.
Mr.M.Murugaboopathy, the learned Counsel for the appellant would submit that the appellant's belongings are lying in the subject property and he require sometime to remove the same.
5.
Mr.V.B.R.Menon, the learned Counsel appearing for the first respondent filed a Memo stating that the Deputy Controller of Explosives, Chennai canceled the license vide proceedings dated 17.01.2025. In proceedings dated 06.01.2025, the District Revenue Officer, Villupuram also passed an order. Therefore, the cause did not exist and matter become infructuous.
6.
The learned Counsel for the appellant would submit that the appellant may be permitted to remove his belongings lying in the subject property.
7.
The learned Counsel for the first respondent made a submission that the first respondent has no objection for removal of his belongings from the subject property.
8.
Therefore, the appellant has to remove the same by following the procedures as contemplated under the relevant statutes and Rules, since petroleum products are also lying in the site. In this regard, the appellant may seek assistance of the Oil Corporation concerned for removal of petroleum products lying in the subject property.
9.
However, we do not find any ground to entertain the present writ appeal and consequently, stands dismissed. No costs. Connected miscellaneous petitions are also closed.
[S.M.S,J.] [K.R.S,J.] 17.02.2025 veda Index:Yes/No Speaking order/Non-speaking order
To 1.
The Joint Chief Controller of Explosives, Petroleum and Explosives Safety Organisation (PESO), South Circle, Chennai A & D Wing, Block 1-8, 2nd floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.
The District Revenue Officer, Villupuram District, Master Plan Complex, Collectorate, Villupuram - 605 602.
The Divisional Manager, Indian Oil Corporation Limited, "Triveni" 3rd floor, B-35, Shastri Road, Thillai Nagar, Tiruchirappalli - 620 018.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 17.02.2025