Senthilkumar v. The Joint Chief Controller of Explosives

O R D E R [Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.R.Karunanidhi, learned counsel for the petitioner, Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for the first respondent, Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 2 to 7, 9 to 11 and Mrs.Vijayakumari Natarajan, learned counsel appearing for the eighth respondent.

¶2The grievance of the petitioner is that the respondent No. 12 is keeping gas cylinders on the open plot in the Residential locality thereby, endangering the life of the persons of the vicinity.

¶3We had heard the matter on 30th August 2023 and asked the learned Government Pleader to get instructions, regarding the actual state of affairs on the subject plots. The report has been filed by the Police Department, wherein, it is stated that plot is not being used for storage of gas cylinders. The players and the joggers who were playing cricket in the academy stated that five months before, they had seen the gas cylinder vehicles parked there. However, they do not know whether they are empty cylinders or filled-in cylinders. But since five months, they have not seen any vehicle with gas cylinders on the said plot.

¶4The learned counsel for the respondent No.12 submits that the subject plots were never used by the respondent No.12 for storage of gas cylinders and occasionally, empty gas cylinders were brought on the plot to change it from a smaller vehicle to bigger vehicle. The gas cylinders were never stored in the plot.

¶5The learned counsel for the petitioner accepts that after filing the Writ Petition, the respondent No.12 has not stored the gas cylinders on the subject plots.

¶6In view of the report of the Deputy Superintendent of Police, Vallam Subdivision, Thanjavur District, no further orders are necessary to be passed.

¶7The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [C.K., J.]

01.09.2023 Index : Yes / No RM To

1.The Joint Chief Controller of Explosives, A and D - Wing, Block 1-8, Second Floor, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai - 600 006.

2.The District Collector cum District Magistrate,

3.The District Revenue Officer cum Additional District Magistrate,

4.The Revenue Divisional Officer,

5.The Block Development Officer Nanjikottai Village, Nanjikottai,

6.The President Nanjikottai Village, Nanjikottai,

7.The Deputy Director (In-Charge) Central Region, Fire and Rescue Services Department, 92, Court Campus, Tiruchirapalli - 620 001.

8.The District Environment Engineer, The Pollution Control Board, Eswari Nagar, Medical College Road, Thanjavur - 613 004.

9.The Divisional Officer Fire Services, Palace Building, East Main Street, Thanjavur - 613 007.

10.The Superintendent of Police

11.The Deputy Superintendent of Police, Vallam Sub Division, THE HONOURABLE CHIEF JUSTICE and

C.KUMARAPPAN, J. RM

01.09.2023 ____________https://www.mhc.tn.gov.in/judis

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023 CORAM : THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.9375 of 2023 Senthilkumar ... Petitioner Vs. 1.The Joint Chief Controller of Explosives, A and D - Wing, Block 1-8, Second Floor, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai - 600 006. 2.The District Collector cum District Magistrate, 3.The District Revenue Officer cum Additional District Magistrate, 4.The Revenue Divisional Officer, 5.The Block Development Officer Nanjikottai Village, Nanjikottai, 6.The President Nanjikottai Village, Nanjikottai, 7.The Deputy Director (In-Charge) Central Region, Fire and Rescue Services Department, 92, Court Campus, Tiruchirapalli - 620 001. 8.The District Environment Engineer, The Pollution Control Board, Eswari Nagar, Medical College Road, Thanjavur - 613 004. 9.The Divisional Officer Fire Services, Palace Building, East Main Street, Thanjavur - 613 007. 10.The Superintendent of Police 11.The Deputy Superintendent of Police, Vallam Sub Division, 12.Pilavendran .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents No.1 to 11 to initiate appropriate legal actions against the respondent No.12 for storing the commercial gas cylinder in the Residential approved area in the light of the Gas Cylinders Rules, 2016 and to shift the commercial gas cylinder storage shed from the present place situated in Plot No.7, Comprised Survey No.238, Sirajpur - III, Nanjikottai Road, Thanjavur District, to any other place within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.K.Govindarajan - for R1 Deputy Solicitor General of India Mr.P.Thilak Kumar-for R2 to R7, R9 to R11 Government Pleader Mrs.Vijayakumari Natarajan - for R8