Kerala High Court
Thriprayar Gas Energy vs Chief Controller Of Explosives on 6 April, 2017
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 17TH DAY OF OCTOBER 2017/25TH ASWINA, 1939
WP(C).No. 22612 of 2017 (B)
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PETITIONER:
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THRIPRAYAR GAS ENERGY,A FIRM,
REPRESENTED BY ITS MANAGING PARTNER,
K.K.BHASKARAN, EAST TIPPU SULTHAN ROAD,
THRISSUR DISTRICT, PIN - 680 567.
BY ADV. SRI.M.K.DILEEP KUMAR
RESPONDENTS:
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1. CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION,
A-BLOCK, CGO COMPLEX, 5TH FLOOR,
SEMINARY HILLS, NAGPUR,
MAHARASHTRA STATE, PIN - 440 006.
2. S.H.V. ENERGY PRIVATE LTD.,
SUPER GAS HOUSE, 4TH FLOOR,
SDE SERENE CHAMBERS, ROAD NO.7,
BANJARA HILLS, HYDERABAD,
TELANGANA STATE, PIN - 500 034.
3. THE DISTRICT COLLECTOR,
THRISSUR, COLLECTORATE, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680 003.
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R3 BY GOVERNMENT PLEADER SRI.SURIN GEORGE IYPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 22612 of 2017 (B)
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE COMMUNICATION
NO.S/HO/KL/05/40(524875) DATED 6.4.2017 ISSUED
BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT.
EXHIBIT P2: TRUE COPY OF THE REQUEST DATED 25.4.2017
SUBMITTED BY THE PETITIONER BEFORE THE THIRD
RESPONDENT.
EXHIBIT P3: TRUE COPY OF THE LETTER NO.C4-20987/201
DATED 16.5.2017 ISSUED BY THE THIRD RESPONDENT,
DENYING NOC TO THE PETITIONER
RESPONDENTS' EXHIBITS & ANNEXURES:
ANNEXURE R1A: TRUE COPY OF THE LETTER DATED 9.3.2017.
//TRUE COPY//
P.S. TO JUDGE
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K. VINOD CHANDRAN, J
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W.P(C) No. 22612 of 2017-B
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Dated this the 17th day of October, 2017
J U D G M E N T
The petitioner is aggrieved with Ext.P3 communication issued by the District Collector. Admittedly the petitioner was carrying on an LPG dispensation unit under the franchise of M/s. Auto Gas Energy India Ltd. M/s.Auto Gas Energy India Ltd. had obtained a No Objection Certificate from the District Collector and also applied for licence under the Static and Mobile Pressure Vessels (Unfired) Rules, 1981 before the Controller of Explosives. A licence was granted and the petitioner was carrying on the retail unit.
2. Due to disruption in supply, the franchise was terminated. The petitioner had been looking for a suitable supplier and has now identified the 2nd respondent. The 2nd WPC.No. 22612/2017 : 2 : respondent filed an application before the Controller of Explosives for transfer of licencee in their name. The Controller hence sought the opinion of the District Collector, when Ext.P3 was issued.
3. Obviously, the earlier application was made by M/s. Auto Gas Energy India Ltd., the earlier supplier of the petitioner,and the NOC was also obtained in this manner. The District Collector has merely found that there can be no renewal of NOC issued in the name of Auto Gas Energy India Ltd., without an application from that particular agency itself. There can be no defect found in Ext.P3. The new supplier will have to apply for a fresh NOC from the District Collector and then approach the Controller of Explosives for licence.
Leaving such remedy, the writ petition is rejected. No costs.
Sd/=
K. VINOD CHANDRAN,
JUDGE
jma //true copy//
P.A to Judge