Dismissed

M/s. Balamurugan Agency v. The Deputy controller of Explosives

Madras HC10 Feb 2023WP/3965/2023

Case brief

AI extract

What is this about?

The Madras High Court dismissed a writ petition challenging a show cause notice issued regarding an LPG dealership renewal. The Court held the petition premature as the notice merely invited a hearing for facts, and an enquiry was already ordered in a related connected suit. The petition was dismissed, and the hearing proceeded as scheduled.

What did the court decide?

The writ petition was dismissed as premature; the petitioner was directed to appear for the hearing scheduled for 13.02.2023.

M/s. Balamurugan Agency Vs The Deputy controller of… — Service and Employment | Madras HC (2023)

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WP.No.3965 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 10.02.2023

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

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W.P.No.3965 of 2023 and WMP.Nos.4029 & 4030 of 2023

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M/s.Balamurugan Agency Rep. by its Proprietor, S.Karthikeyan S/o.Sivasubramanian No.69, Ambalathadayar Madam Street, Puducherry-605 001.

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...Petitioner

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1.The Deputy Controller of Explosives Petroleum and Explosives Safety Organisation (PESO), A&D, Wing, Block 1-8, II floor, Shastri Bhavan, 26 Haddous Road, Nungambakkam, Chennai-600 006.

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2.S.Kumaravel

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the letter dated 24.01.2023 vide No.G/SC/PY/06/35 (G17093) issued by the first respondent and quash the same as illegal, ultra vires, non-est, null and void.

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For Petitioner : Mr.R.Sreedhar For Respondents : Mr.V.T.Balaji [for R1] Senior Panel Counsel

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https://www.mhc.tn.gov.in/judis

WP.No.3965 of 2023

O R D E R

Mr.V.T.Balaji, learned Senior Panel Counsel accepts notice for R1 and is

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armed with instructions to enable a disposal of the matter even today, at the

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time of admission.

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2.In light of the order that is proposed to be passed, no notice is thought necessary to R2 at this juncture.

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3.The prayer is to a show cause notice dated 24.01.2023 and this Court is of the considered view that this writ petition is premature as the impugned communication only calls upon the petitioner to appear for a personal hearing and to putforth his case. The allegations and counter explanations are not adverted to seeing as the proper authority to take note of all facts and circumstances in deciding the issue of LPG dealership and storage will be the authorities.

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4.A writ petition had came to be filed by the transferor of the gas agency relating to the same cause of action is before me now in WP.No.31567 of 2018. This Court observing that the impugned order would be treated as a show cause notice and that the Joint Controller of Explosives will conduct an enquiry and decide as to whether to renew the lease or not, disposed the writ petition on 14.09.2022. Pursuant to that order, the petitioner claims to have filed a reply as well.

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https://www.mhc.tn.gov.in/judis

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WP.No.3965 of 2023

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5.Thus, the impugned communication is only a continuation of the enquiry that is in fact been ordered by this Court and no infirmity is made out in regard to the same. The petitioner will thus appear for the hearing as scheduled on 13.02.2023 and this writ petition is dismissed. Needless to say the conduct of enquiry will be fair and full and the petitioner as well as the private respondents will be heard after issuance of notice and the proceedings will be concluded in accordance with law and applicable regulations. No costs. Connected miscellaneous petitions are closed.

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10.02.2023

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Index : Yes/No Speaking Order Neutral Citation:Yes vs To The Deputy Controller of Explosives Petroleum and Explosives Safety Organisation (PESO), A&D, Wing, Block 1-8, II floor, Shastri Bhavan, 26 Haddous Road, Nungambakkam, Chennai-600 006.

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https://www.mhc.tn.gov.in/judis

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WP.No.3965 of 2023

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Dr.ANITA SUMANTH,J.

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W.P.No.3965 of 2023 and WMP.Nos.4029 & 4030 of 2023

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10.02.2023

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https://www.mhc.tn.gov.in/judis

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M/s. Balamurugan Agency v. The Deputy controller of Explosives

Case brief

What is this about?

What did the court decide?

M/s. Balamurugan Agency v. The Deputy controller of Explosives

Case brief

What is this about?

What did the court decide?

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