V.B.R.Menon, B.E(Mech(Mba (Iima)Llb,Advocate Vs the… — Writ and Judicial Review | Madras HC (2025)

V.B.R.Menon, B.E(Mech(Mba (Iima)Llb,Advocate Vs the… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Petition disposed with a direction to respondent No.2 (Chief Controller of Explosives, PESO) to identify an officer for the petitioner to meet and demonstrate instances; written intimation of the person, date and time within three weeks, communicated at least five working days in advance; the authority to treat the matter as non-adversarial litigation and take remedial measures if found necessary; no order as to costs; interim application (W.M.P.No.36445 of 2024) closed.

Issue for consideration

Whether a writ of mandamus should issue directing the respondents to frame and issue appropriate rules/notification/circulars under the Petroleum Act, 1934 and the Explosives Act, 1884 so that the initial grant and subsequent renewals of all types of Final Explosive Licences by respondent No.2, for storage and handling of explosive materials such as petroleum products, LPG, CNG, etc., are issued only after verification and satisfaction about the applicants' lawful possessory titles over the licensed premises for the entire period. +1 more

Ratio / Principle

Rather than deciding the mandamus prayer on its merits, the Court disposed of the petition by directing respondent No.2 to identify an officer in his office whom the petitioner could meet and explain the instances, and directed that the authority consider the matter as non-adversarial litigation and take remedial measures if found necessary.

Key takeaways

Mr.Srinivasamurthy was directed to inform the petitioner by written communication within three weeks, identifying the person to be met and the date and time of the appointment, which was to be communicated at least five working days in advance.ratio¶34

Detailed headnote1 paragraphs

Writ petition under Article 226 by a party-in-person seeking mandamus to direct framing of rules/notification/circulars under the Petroleum Act, 1934 and the Explosives Act, 1884 so that grant and renewal of final explosive licences for petroleum/LPG/CNG retail outlets follows verification of the applicant's lawful possessory title over the licensed premises for the entire licence period. The Court did not decide the allegation on merits; it disposed of the petition by directing respondent No.2 (Chief Controller of Explosives, PESO) to identify an officer to hear the petitioner's demonstrated instances, treating the matter as non-adversarial litigation with liberty to take remedial measures if found necessary; Central Government counsel to intimate the person, date and time in writing within three weeks, with at least five working days' advance notice; no order as to costs; interim application closed.

W.P.No.33667 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2025

CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.No.33667 of 2024 and W.M.P.No.36445 of 2024

V.B.R.Menon

.. Petitioner

v

1 The Secretary Ministry of Commerce and Industry Vanijya Bhawan, No.16, Akbar Road Sunehri Bagh Road Area Motilal Nehru Marg New Delhi - 110 011.

2 The Chief Controller of Explosives,

Petroleum and Explosives Safety Organisation (PESO) A-Block, CGO Complex, 5th Floor Seminary Hills, Nagpur-440 006.

3 The Secretary

Ministry of Petroleum and Natural Gas

Shastri Bhawan, Dr.Rajendra Prasad Road

New Delhi - 110 001. .. Respondents

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W.P.No.33667 of 2024

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents to frame and issue appropriate rules/notification/circulars under the Petroleum Act, 1934 and the Explosives Act, 1884 to ensure that the initial grant and subsequent renewals of all types of Final Explosive Licenses by the 2nd respondent to the Licensees, for storage and handling of explosive materials such as Petroleum products, LPG, CNG, etc., shall be issued only after the verification and satisfaction about the lawful possessory titles of the Applicants over the licensed premises for the entire period for which the Final Explosives Licenses are sought to be granted or renewed.

For Petitioner : Mr.V.B.R.Menon Party-in-person

For Respondents : Mr.K.Srinivasamurthy Senior Panel Counsel for Central Government

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

Various grounds have been raised in this petition, particularly with regard to issuance of explosive licenses for running petroleum/LPG/CNG retail outlets, without ascertaining whether the applicants have lawful possession over the licensed premises or, even if they had, whether they continue to have lawful possession during the license period.

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W.P.No.33667 of 2024

Mr.Srinivasamurthy states that the petition has only bald allegations with not even one instance where respondent No.2, in particular, has issued explosive license even when the licensed premises was not lawful.

Mr.Menon states he has thousands of such instances and if he is given an opportunity to meet the officer concerned in the office of respondent No.2, he will be only too happy to demonstrate the instances of issuance of explosive licenses for running Petroleum/LPG/CNG retail outlets in premises which are not lawful.

In our view, the petition can be disposed of with a direction to respondent No.2 to identify an officer in his office, whom Mr.Menon can meet and explain the situation. The authority should consider this as a nonadversarial litigation and take remedial measures, if it is found necessary.

Mr.Srinivasamurthy is directed to inform Mr.Menon by way of written communication within three weeks from today identifying the

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W.P.No.33667 of 2024

person to be met and the date and time of appointment. The date and time

shall be communicated at least five working days in advance.

Petition is disposed of accordingly. There shall be no order as to

costs. Consequently, interim application is closed.

(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 09.01.2025 Index : Yes/No NC : Yes/No sasi

To:

1 The Secretary Ministry of Commerce and Industry Vanijya Bhawan, No.16, Akbar Road Sunehri Bagh Road Area Motilal Nehru Marg New Delhi - 110 011.

2 The Chief Controller of Explosives, Petroleum and Explosives Safety Organisation (PESO) A-Block, CGO Complex, 5th Floor Seminary Hills, Nagpur-440 006.

3 The Secretary Ministry of Petroleum and Natural Gas Shastri Bhawan, Dr.Rajendra Prasad Road New Delhi - 110 001.

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W.P.No.33667 of 2024

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(sasi)

W.P.No.33667 of 2024

09.01.2025

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