Disposed
M/S.Sriram and Co., v. the Joint Chief Controller of Explosives
Madras HCWP/8882/2024
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from the order text
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IN THE HIGH COURT OF JUDICATURE AT MADRAS…
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W.P.No.8882 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 13.09.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.8882 of 2024 and
WMP Nos.9887, 9888 of 2024
M/s Sriram & Co., Partnership Firm, represented by its Partner, N.R.Nagaraj, s/o Rangasamy, S.No.76A, Veerapandi Village, Gobichetty Playam 638 452. ... Petitioner
Vs.
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PRAYER
W.P.No.8882 of 2024
PRAYER : Writ Petition filed under Article 226 of Constitution of India
seeking for issuance of writ of Certiorari to call for the records relating to
the order dated 11.03.2024 bearing reference No.P/SC/TN/14/1470
(P33926) on the file of the first respondent and quash the same.
For Petitioner : Mr.G.Masilamani, Senior Counsel for T.Sathiyamoorthy For Respondents : Mr.Thirumalaisamy, Central Govt. Senior Counsel - for first respondent Mr.Vadivel Deenadayalan, Addl.Govt.Pleader for second respondent Mr.V.Anantha Natarajan -for third
respondent
Mr.V.B.R.Menon - for fourth respondent
ORDER
This writ petition has been filed to quash the order dated
11.03.2024 bearing reference No.P/SC/TN/14/1470 (P33926), issued by
the first respondent.
with the dispensing pump and selling license by the third respondent, namely, M/s Bharat Petroleum Corporation Ltd. to operate a petroleum
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W.P.No.8882 of 2024
retail outlet in S.No.76/A at Veerapandi Village, Gobichettypalayam in the year 2014 and subsequently, it was renewed upto 31.01.2028, vide agreement dated 04.02.2023. The said land has been leased to the third respondent for a period from 01.01.1997 to 31.03.2023 by the fourth respondent herein, viz., M/s Cosmopolitan Club, Gobichettypalayam. The first respondent had renewed the explosive license vide order dated 20.12.2022 to store petroleum products in the said land and its valid is upto 31.12.2025.
2.2. The land owner had started negotiations for renewal of the
lease, demanding higher lease rent and hence renewal of lease agreement had not been finalised. In such circumstances, the land owner, filed a writ petition No.902 of 2024 to cancel the final explosive licence No.P/SC/TN/1470 (P33926) dated 20.12.2022 and also the NOC issued by the District Revenue Officer, Erode, in which, the petitioner herein has been arrayed as fourth respondent. Pending writ petition, the first respondent had passed an order on 11.03.2024, cancelling the licence to store petroleum products in the petitioner's retail outlet in the said land, even though the said licence is valid till 31.12.2025. On account of the same, the third respondent had stopped supplying petrol and diesel to the https://www.mhc.tn.gov.in/judis 3 of 10
W.P.No.8882 of 2024
petitioner's bunk from 19.03.2024.
2.3. According to the petitioner, the said impugned order dated 11.03.2024 has been passed, without following the office memorandum dated 06.02.2024, issued by the Government of India Ministry of Petroleum and Natural gas and as per the above memorandum, the first respondent is bound to consult all stakeholders in public interest, before taking any decision in respect of the cancellation of licence to store petroleum products in respect of sites, where the lease period has expired. In the light of the validity period of the licence issued by the first respondent till 31.12.2025; and also the license to sell the petroleum products till 31.01.2028; the petitioner had invested several lakhs of rupees for establishment of necessary infrastructure and stored various petroleum products, about Rs.15,26,273, after paying their full value. Hence this writ petition.
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W.P.No.8882 of 2024
third respondent viz., M/s Bharat Petroleum Corporation Limited to
operate a petroleum retail outlet in the subject matter of the property and
the fourth respondent/Cosmopolitan Club is the owner of the property.
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W.P.No.8882 of 2024
prayed that the Hon'ble Court may please to direct the authorities/Respondents 1 and 2 for granting a temporary license for a period of 30 days, to sell the products in the retail outlet.
agreed to hand over the site/land to the land owner/ Cosmopolitan Club, however, sought, four months time, in order to remove the structures, tanks and all items in the retail outlet, after getting due approvals. Further, it was agreed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand) per month towards the rent, which was also accepted by the land owner/Cosmopolitan Club.
third respondent was directed to pay the rental arrears to the land owner,
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W.P.No.8882 of 2024
calculating at Rs.75,000/- per month from 01.04.2023 to 30.09.2024, on or before 31.10.2024; and also directed to pay a sum of Rs.75,000/towards monthly rent, for a period of four months from 01.10.2024 to 31.01.2025; and also the third as well as the fourth respondent (petitioner herein) were directed to vacate the premises and hand over the same to the land owner on 31.01.2025.
the petitioner is ready and willing to hand over the vacant premises to the land owner/ Cosmopolitan Club, within four months time and till such time, the petitioner may be permitted to operate the petroleum outlet in the subject matter of the property and also the explosive licence as well as the no objection certificate issued by the authorities concerned to operate the petroleum outlet may be extended.
i) The petitioner and the third respondent/M/s Bharat Petroleum
Corporation Limited are directed to vacate the premises and hand over 7 of 10
W.P.No.8882 of 2024
the same to the fourth respondent on 31.01.2025.
ii) The Explosive Licence issued by the first respondent and the No
objection Certificate issued by the second respondent shall be extended during the said period.
13.09.2024
mst
Index : Yes / No Internet: Yes/No
To
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M.DHANDAPANI, J.
mst
W.P.No.8882 of 2024
13.09.2024
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1 issue framed by the court
Whether the cancellation of the explosive licence and NOC for the petroleum retail outlet could be challenged while lease renewal negotiations failed.
1 provisions across 1 enactments
M/s Sriram & Co., Partnership Firm, represented by its Partner, N.R.Nagaraj
The Joint Chief Controller of Explosives, Petroleum & Explosives Safety Organisation
The District Revenue Officer, Erode District
M/s Bharat Petroleum Corporation Ltd.
The Cosmopolitan Club, Rep. by the Secretary
M.Dhandapani
As recorded by the court registry
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