High Court · 2007

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :11.06.2007 C O R A M :THE HONOURABLE MR.A.P.SHAH, THE CHIEF JUSTICEANDTHE HONOURABLE MR.JUSTICE P.JYOTHIMANIW.A.Nos. 193 & 194 of 2007and connected Miscellaneous PetitionsM/s. Chemfab & Alkalis LimitedGnanandha PlaceKalapet, Pondicherry 605 014rep. By its Company SecretaryMr. S. Ramanujam.... Appellant in both the appeals-vs-1.District Magistrate-cum-District CollectorOffice of the District MagistratePondicherry.2.Joint Chief Controller of ExplosivesChennai.3.M/s. Bharat Petroleum Corporation Ltd.,35 Vaidyanathan Mudali StreetChennai 600 081 rep. By itsTerritory Manager (Retail).4.SekarSunbeam ElectronicsM.G. Road, Pondicherry.5.Mrs. L. Pourt Pavai.. Respondents in WA.193/20071. Joint Chief Controller of Explosives Chennai.2. District Magistrate-cum-District CollectorOffice of the District MagistratePondicherry. https://hcservices.ecourts.gov.in/hcservices/

3. M/s. Bharat Petroleum Corporation Ltd.,35 Vaidyanathan Mudali StreetChennai 600 081 rep. By itsTerritory Manager (Retail).4. Mrs. L. Pourt Pavai.. Respondents in WA.194/07Writ Appeals filed under Clause 15 of Letters Patent against thecommon order of the learned single Judge dated 30.11.2006 made inW.P.Nos.32655 of 2005 and 5452 of 2006 respectivelyW.P.Nos.32655 of 2005 – to issue a writ of certiorarified mandamuscalling for the records relating to the No Objection Certificate issuedby the first respondent, on 31.8.2005, bearing No.12505/DM/20/D3/2005,in favour of the third respondent, quash the same, and to forbear therespondents from permitting or setting up any petroleum retail outletnear the vicinity of the petitioner's factory at Kalapet, Pondicherryand particularly at R.S.No.130/3A of 21, Pillachavadi Revenue Village,Pondicherry.W.P.No.5452 of 2006 - to issue a writ of Certiorari to call for therecords of the licence, dated 28.10.2005, vide Licence No.P/SC/PY/14/110(P136235), issued by the first respondent in favour of the thirdrespondent and to quash the same.For appellant :: Mr. G. Rajagopalan, Sr.Counselin both the appeals for M/s. G.R. AssociatesFor respondents :: Mr. K.K. Sasidharan Addl. Govt. Pleader (Pondy) for R.1 in WA.193/07 and R.2 in WA.194/07. Mr. Patti B. Jegannathan for R.2in WA.193/07 and R.1 in WA.194/07. Mr. K. Ethiraj for R.3 in both the Appeals Mr. K. Raja Srinivasan for R.4 and R.5 WA.193/07 and R.4 in WP.194/07. COMMON JUDGMENT ( DELIVERED BY P.JYOTHIMANI,J.)These writ appeals are directed against the common order of thelearned single Judge dated 30.11.2006 made in W.P.Nos.32655 of 2005 and5452 of 2006, filed by the appellant, challenging the No ObjectionCertificate issued by the District Magistrate-cum-District Collector,Pondicherry, second respondent herein in favour of M/s. Bharat PetroleumCorporation Ltd., Chennai, third respondent, for setting up a petroleumretail outlet at R.S.No.130/3A of 21, Pillachavadi Revenue Village,Pondicherry and also to quash the licence issued by the firstrespondent, Joint Controller of Explosives, Chennai dated 28.10.2005, infavour of the third respondent.2. The case of the appellant, who is a manufacturer of Caustic Sodaand producers of Hydrochloric Acid, Sodium Hypo Chlorite and Liquid https://hcservices.ecourts.gov.in/hcservices/ Chlorine, is that the said Liquid Chlorine is classified as hazardousand should be kept away from potential fire sources. When the appellantCompany came to know that in the adjoining site, abutting the compoundwall of the appellant's factory, the proposed petroleum retail outletwas sought to be given to the third respondent, a representation wassubmitted to the Collector of Pondicherry, the second respondent,raising objection with regard to the setting up of the petroleum retailoutlet on the ground that the Hydrogen and Chlorine stored by theappellant Company are highly inflammable and it is very dangerous tolocate a petrol bunk near its factory. According to the appellant,there was no personal enquiry on the representation, however, NoObjection Certificate was issued in favour of the third respondent andthe 4th respondent came to be appointed as a Dealer for the retailoutlet. This has resulted in filing of the writ petitions. The firstrespondent has filed a counter affidavit stating that the procedurecontemplated under the Petroleum Rules, 2002 have been followed strictlyand as per the Rules, there is no provision for granting personalhearing relating to the objections raised by the appellant Companybefore issuing licence. The District Collector, after referring to theapplication and having satisfied with the fulfilment of therequirements, has recommended for establishment of petrol bunk at theproposed site. The further case of the first respondent is that theappellant's factory being a "hazardous establishment" functioning undervarious licences of Government of Pondicherry and as per various Actsand Rules, and the appellant factory is taking all precautionarymeasures and the State authorities are making periodical inspections.It is also stated that the distance between the storage of the LiquidChlorine of the appellant's factory and the proposed underground storageof petroleum products is 130 meters away and there is no possibility ofany danger. It is, after considering the said averments made by bothparties, and taking into consideration that No Objection Certificatewas issued in accordance with Rules and safety measures have been taken,the learned single Judge, has dismissed the writ petitions. It is, asagainst the said dismissal order, the present appeals are filed.3. We have heard the learned counsel for the appellant as also therespondents.4. The learned senior counsel Mr. G. Rajagopal has contended thatin spite of the fact that the appellant has objected to the setting upof a petroleum retail outlet in the adjoining property, which is only130 meters away and considering the fact that the nature of chemicalsand acids stored and dealt with by the appellant's factory, starting ofpetroleum retail outlet in the near vicinity will be a potential firesource and therefore, an objection was raised and it was the duty on thepart of the first and second respondents to have enquired properly andconsidering the representation in proper manner before giving NoObjection Certificate, since it is a matter involving probable accidentand public safety.5. On the other hand, Mr. K.K. Sasidharan, learned AdditionalGovernment Pleader for Pondicherry, appearing for the first respondenteven though contends that No Objection Certificate as well as licencewas issued only after inspection, could not substantiate that properenquiry was conducted, especially when an objection was raised by the https://hcservices.ecourts.gov.in/hcservices/ appellant, who is admittedly carrying on business, since untowardincident may result in unwanted consequences. 6. In view of the above said circumstances, we set aside the commonorder of the learned single Judge dated 30.11.2006 made in WP.Nos.32655of 2005 and 5452 of 2006, and direct the first respondent, viz., JointChief Controller of Explosives, Chennai, to consider the representationof the appellant, including the contents of the affidavit filed by theappellant raising various objections about starting of a petroleumretail outlet on the neighbouring side of the appellant's factory andpass appropriate order in accordance with law, after affordingopportunity to the appellant within a period of four weeks from the dateof receipt of a copy of this order. The appellant is directed to submittheir further representation and appear in person before the firstrespondent, Joint Chief Controller of Explosives, Chennai, within oneweek from today, i.e., on 18.06.2007 at 11.00 am and thereafter, thefirst respondent shall pass appropriate orders as stated above.The writ appeals are disposed of with the above directions. Nocosts. Consequently, connected miscellaneous petitions are closed.Sd/-Asst. Registrar./true copy/Sub Asst. Registrar.khTo1.The District Magistrate-cum-District CollectorOffice of the District MagistratePondicherry.2.The Joint Chief Controller of ExplosivesChennai. https://hcservices.ecourts.gov.in/hcservices/

3.The Territory Manager (Retail). M/s. Bharat Petroleum Corporation Ltd.,35 Vaidyanathan Mudali StreetChennai 600 081 + 1 CC To Mr. K.Raja Srinivas, Advocate SR NO.33642'+ 1 CC To Mr.B.Jegannathan, SCGSC, SR NO.33532+ 1 CC To Mr. K.Ethiraj, Advocate SR NO.33430, 33431+ 2 CC to the Sr. Government Pleader cum Sr. Public Prosecutor,Pondicherry, SR Nos 33680, 33679 W.A.Nos.193 & 194 of 2007ssv[co]Gp/22.6