Writ petition challenging illegal storage of LPG cylinders violating explosives rules. Court directed respondents to initiate action to relocate the godown within 12 months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 11TH DAY OF DECEMBER 2017/20TH AGRAHAYANA, 1939
WP(C).No. 10325 of 2017 (M)
PETITIONER(S):
C.A.ABBAS, AGED 45 YEARS, S/O.AMSATH, CHERIYA THOMPATHIMADA HOUSE, KAVARATTI, U.T. OF LAKSHADWEEP.
BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE
RESPONDENT(S):
1. THE ADMINISTRATOR, KAVARATTI, U.T. OF LAKSHADWEEP,PIN-682555.
2. THE SUB DIVISIONAL OFFICER, KAVARATTI. U.T. OF LAKSHADWEEP,PIN-682 555.
3. THE DEPUTY CONTROLLER OF EXPLOSIVES, EXPLOSIVES DEPARTMENT, REGIONAL OFFICE, SEAPORT AIRPORT ROAD, IRUMPANAM, KOCHI -682 309.
4. THE CHIEF REGIONAL MANAGER, INDIAN OIL CORPORATION, PANAMPILLY NAGAR, ERNAKULAM DISTRICT,PIN-682 017.
5. SUPPLY & MARKETING CO-OPERATIVE SOCIETY, REPRESENTED BY ITS SECRETARY, KAVARATTI, U.T. OF LAKSHADWEEP,PIN-682 555.
6. LAKSHADWEEP CO-OPERATIVE MARKETING FEDERATION, REPRESENTED BY ITS MANAGING DIRECTOR, KAVARATTI, U.T. OF LAKSHADWEEP,PIN-682 555.
R1, R2 R5 & R6 BY ADV. SRI.MANU.S, CGC R3 BY SENIOR GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 10325 of 2017 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
EXHIBIT R1(A):- A TRUE COPY OF THE OFFICE MEMORANDUM DATED 21.3.2017.
/TRUE COPY/
PS TO JUDGE
TS
SHAJI P.CHALY, J.
========================
W.P.(C) No.10325 of 2017
======================== Dated this the 11th day of December 2017
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
The materials facts for the disposal of the writ petition are as follows:
Petitioner is a resident of Kavarattti, an island of Union Territory of Lakshadweep. According to the petitioner, the people of Kavaratti is depending mainland for any emergency in any even
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circumstances. The cooking gas, petrol, diesel etc. are marketing through the fifth respondent. The grievance highlighted by the petitioner is that the LPG gas cylinders are stored in violation of the explosives Act and without any safety measures and other guidelines for storage. Even though several complaints and representations were made to the respondents, no action is being initiated. The fourth respondent, also convinced with illegality and unsafe method of storing has issued Exts.P5 and P6. There is no action also taken on Ext.P1 representation submitted by the petitioner. The sum and substance of the contention advanced in the writ petition is that, if emergency steps are not taken to shift the godown from the present premises, it will cause irreparable loss and injuries to the petitioner as well as other people residing in the locality.
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Consumer Affairs, Kavaratti, from where I am satisfied that already action is initiated to relocate the godown. Learned Counsel appearing for the Administration has submitted that at least 15 months time is required, taking into account the geographical situation as well as the climatic condition in order to shift the godown.
Having considered the respective submissions made across the bar and evaluating the situations available from the pleadings and documents, there will be a direction to the respondents to take necessary action in accordance with Ext.R1(a) order specified above, at the earliest, and at any rate within 12 months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/
SHAJI P.CHALY JUDGE
jm/
C.Abbas
The Administrator, Kavaratti, U.T. of Lakshadweep
The Sub Divisional Officer, Kavaratti, U.T. of Lakshadweep
The Deputy Controller of Explosives
The Chief Regional Manager, Indian Oil Corporation
Supply & Marketing Co-Operative Society, Kavaratti
Shaji P. Chaly
As recorded by the court registry
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