Madras High Court
S.Rajasekaran vs Joint Chief Controller Explosives on 22 April, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.6887 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.6887 of 2024
and W.M.P.No.7688 of 2024
S.Rajasekaran ... Petitioner
Vs.
1. Joint Chief Controller Explosives,
Petroleum & Explosives Safety Organisation,
A and D Wing Block, 1-8, Second floor,
Shastri Bhavan, 26, Haddows Road,
Nungambakkam, Chennai -600 006.
2. M/s.Goyal MG Gases (P) Limited,
Rep. By Suresh Chand Goyal,
Plot No.21E (NP),
Ambattur Industrial Estate,
Ambattur, Chennai - 600 098.
3. Mr.Suresh Chand Goyal,
Managing Director,
M/s.Goyal MG Gases (P) Limited,
53, Friends Colony (East),
New Delhi – 110 065. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the 1st respondent to
prosecute the 2nd and 3rd respondents under the provisions of the
Explosives Act, 1908 read with Static and Mobile Pressure Vessel
(Unfired) Rules, 2016.
https://www.mhc.tn.gov.in/judis
Page 1 of 4
W.P.No.6887 of 2024
For Petitioner : Mr.M.Vijayan
for Mr.K.Kulandaivelu
For Respondents : Mr.C.Samivel
Senior Panel Counsel [R1]
: Mr.S.L.Sudarsanam [R2]
: R3- Not ready in notice.
ORDER
The relief sought for in the present writ petition is to direct the first respondent to prosecute the 2nd and 3rd respondents under the provisions of the Explosives Act, 1908 read with Static and Mobile Pressure Vessel (Unfired) Rules, 2016.
2. It is not in dispute that the second respondent was granted license to run their business of storing of liquid argon gas in pressurised vessel in the petitioner's place. The complaint of the petitioner is that the second respondent is operating his business even after the expiry of license by the competent authority under the provisions of the Explosives Act, 1908.
3. In this context, this Court directed the first respondent to place the facts and the learned Standing Counsel appearing on behalf of the first respondent furnished the copy of the proceedings dated 04.04.2024 https://www.mhc.tn.gov.in/judis Page 2 of 4 W.P.No.6887 of 2024 issued by the Government of India, Ministry of Commerce & Industry. The said proceedings reveal that the license issued in favour of the second respondent has been expired on 30.09.2023. Thereafter, the second respondent has no authority to store the liquid argon gas in pressurised vessel.
4. If at all any illegality is noticed, the first respondent is empowered to initiate all appropriate actions in the manner known to law. However, the learned counsel appearing on behalf of the respondents 2 and 3 made a submission that after issuance of proceedings dated 04.04.2024, the first respondent granted 15 days time to the respondents 2 and 3 to vacate the subject property. Therefore, the respondents 2 and 3 are bound to remove all the substances from the subject property by stopping all further operations.
5. The first respondent is directed to conduct an inspection and if any operations are continued, then the respondents 2 and 3 are bound to be prosecuted under the provisions of the Explosives Act, 1908 by following due process.
S.M.SUBRAMANIAM, J.
https://www.mhc.tn.gov.in/judis Page 3 of 4 W.P.No.6887 of 2024 mp With these directions, this writ petition is disposed of. No costs.
22.04.2024 Index : Yes Speaking order Neutral Citation : Yes/No mp To Joint Chief Controller Explosives, Petroleum & Explosives Safety Organisation, A and D Wing Block, 1-8, Second floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai -600 006.
W.P.No.6887 of 2024
22.04.2024 https://www.mhc.tn.gov.in/judis Page 4 of 4