Madras High Court
M.Kumaresan vs The Controller Of Explosives on 15 September, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 34790 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-09-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 34790 of 2025 &
W.M.P.No.38963 of 2025
M.Kumaresan
Petitioner
Vs
1. The Controller Of Explosives
Petroleum And Explosives Safety
Organisation, No 5, 5th East Cross
Road, Gandhi Nagar, Vellore 632 006
2.The District Revenue Officer
Vellore Distrct, Collectorate Complex
Near Sathuvacheri Bus Stop, Vellore
632 009
3.The Divisional Retail Sales Head
Indian Oil Corporation Limited,
Chennai Divisional Office, Marketing
Division, No. 500 Anna Salai,
Teynampet Chennai 600 018
Respondent(s)
PRAYER
Writ Petition filed under Article 226 of Constitution of India for issuance of a
Writ of Mandamus directing the 1st and 2nd respondents to cancel (i) the Final
Explosive Licence No P / SC / TN / 14/ 2559 (P59478), valid up to 31.12.2028,
under Rule 152 of the Petroleum Rules 2002 and (ii) the No Objection
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 04:46:15 pm )
WP No. 34790 of 2025
Certificate No Rc. C2/ 74425 / 2003 dated 23.01.2004 under Rule 150 of the
Petroleum Rules 2002 pursuant to the expiry of lease agreement on
13.01.2024 in respect of the Petroleum Retail outlet at Survey Nos. 644/2C3
and 645/2C3, Dharapadavedu Village, Katpadi Taluk, Vellore District
For Petitioner : Mr.V.B.R.Menon
For Respondents: Dr.S.Padma, SPC for R1
Mrs.S.Anitha, for R2
Spl.Government Pleader
Mr.Mohammed Fayaz for R3
ORDER
By consent on either side, the writ petition is disposed at the admission stage itself.
2. This petition has been filed seeking to issue a direction to the 1st and 2nd respondents to cancel (i) the Final Explosive Licence No P / SC / TN / 14/ 2559 (P59478), valid up to 31.12.2028, under Rule 152 of the Petroleum Rules 2002 and (ii) the No Objection Certificate No Rc. C2/ 74425 / 2003 dated 23.01.2004 under Rule 150 of the Petroleum Rules 2002 pursuant to the expriy of lease agreement on 13.01.2024 in respect of the Petroleum Retail outlet at Survey Nos. 644/2C3 and 645/2C3, Dharapadavedu Village, Katpadi Taluk, Vellore District.
3. It is the case of the petitioner that the petitioner had permitted the rd premises on lease to the 3 respondent for a specific period of 20 years, which had expired on 13.01.2024, even after expiry of the lease deed on rd 13.01.2024, though the petroleum outlet by the 3 respondent was closed, the https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 04:46:15 pm ) WP No. 34790 of 2025 rd equipments, pipelines, etc., erected by the 3 respondent are yet to be removed. Further, even after the petitioner expressed unwillingness to extend rd the lease agreement vide letter dated 23.08.2023 to the 3 respondent and st nd thereafter sent representations to the 1 and 2 respondents on 27.10.2023, again, on 08.08.2025, requesting to suspend the license, the same has not been considered, hence the present writ petition.
4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the representation of the petitioner dated 27.10.2023 and 08.08.2025 and pass appropriate orders within the time stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondents to consider and pass orders on the petitioner's representation dated 27.10.2023 and 08.08.2025 within a period of four weeks weeks from the date of receipt of a copy of this order, after providing opportunity to the necessary parties.
7. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
15-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssd https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 04:46:15 pm ) WP No. 34790 of 2025 To
1.The Controller Of Explosives Petroleum And Explosives Safety Organisation, No 5, 5th East Cross Road, Gandhi Nagar, Vellore 632 006
2.The District Revenue Officer Vellore Distrct, Collectorate Complex Near Sathuvacheri Bus Stop Vellore 632 009
3.The Divisional Retail Sales Head Indian Oil Corporation Limited, Chennai Divisional Office, Marketing Division, No 500 Anna Salai, Teynampet Chennai 600 018 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 04:46:15 pm ) WP No. 34790 of 2025 M.DHANDAPANI J.
ssd WP No. 34790 of 2025 15-09-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 04:46:15 pm )