Hindustan Petroleum Corporation ... vs The Deputy Chief Controller Of ...
2021 Latest Caselaw 5526 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.3495 OF 2021(J)


PETITIONER:

               HINDUSTAN PETROLEUM CORPORATION LTD
               P.B.NO 1601, ERNAKULAM NORTH P.O,
               ERNAKULAM-682 018,
               REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
               MR.SARABJIT SINGH.

               BY ADVS.
               SRI.M.GOPIKRISHNAN NAMBIAR
               SRI.K.JOHN MATHAI
               SRI.JOSON MANAVALAN
               SRI.KURYAN THOMAS
               SRI.PAULOSE C. ABRAHAM
               SMT.NAYANPALLY RAMOLA

RESPONDENTS:

      1        THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
               PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO),
               GOVERNMENT OF INDIA, KENDRIYA BHAVAN,
               BLOCK C-2, 3RD FLOOR, CGO COMPLEX,
               KAKKANAD, ERNAKULAM-682 037.

      2        THE CHIEF CONTROLLER OF EXPLOSIVES,
               PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO),
               GOVERNMENT OF INDIA, 5TH FLOOR CGO COMPLEX,
               SEMINARY HILL, NAGPUR-400 614, MAHARASHTRA.

      3        THE JOINT CHIEF CONTROLLER OF EXPLOSIVES,
               SOUTH CIRCLE, CHENNAI, PETROLEUM AND EXPLOSIVES
               SAFETY ORGANISATION (PESO), GOVERNMENT OF INDIA,
               A AND D - WING BLOCK 1-8, IIND FLOOR,
               SHASTRI BHAVAN, 26 HADDOUS ROAD,
               NUNGAMBAKKAM, CHENNAI, TAMIL NADU-600 006.

      4        K.C.ANIL KUMAR,
               MANAGING PARTNER, P.K.CHANDRASEKHARAN NAIR AND CO,
               HP DEALERS, NF GATE,
               TRIUPUNITHURA, ERNAKULAM-682 301.
 WP(C).No.3495 OF 2021

                               2

      5      N.KRISHNAN,
             SON OF K.W.MURALEEDHARA MARAR, NEDIUM VEEDU,
             HOUSE NO 39/1276, KALATHIL PARAMBIL ROAD,
             ERNAKULAM-682 016.

      6      M.P. SAMPATH KUMAR,
             SON OF M.N. PRAKASH, POSITIVE SYSTEMS,
             39/1568, MADAKKAPPILLY LANE, CHITOOR ROAD,
             KOCHI, ERNAKULAM-682 016.

             R1-3 BY SRI.KRISHNADAS P.NAIR, CGC
             R4 BY ADV. SRI.S.SREEKUMAR (SR.)
             R4 BY ADV. SRI.P.MARTIN JOSE
             R4 BY ADV. SRI.P.PRIJITH
             R4 BY ADV. SRI.THOMAS P.KURUVILLA
             R4 BY ADV. SRI.AJAY BEN JOSE
             R4 BY ADV. SRI.MANJUNATH MENON
             R4 BY ADV. SRI.SACHIN JACOB AMBAT
             R4 BY ADV. SMT.HANI P.NAIR
             R4 BY ADV. SRI.R.GITHESH
             R4 BY ADV. SHRI.HARIKRISHNAN S.
             R5-6 BY ADV. SRI.ALEX.M.SCARIA
             R5-6 BY ADV. SMT.SARITHA THOMAS
             R5-6 BY ADV. SRI.GEORGE POONTHOTTAM (SR.)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3495 OF 2021

                                   3




                            JUDGMENT

Dated this the 16th day of February 2021

The Hindustan Petroleum Corporation Limited has filed this Writ

Petition challenging the orders Exts. P10 and P11 passed by the 1 st

respondent. By Ext.P10 order, the 1 st respondent has suspended the

license granted to the petitioner under Rule 52(1)(iii) of the Petroleum

Rules, 2002 as an interim measure with immediate effect. As per

Ext.P11 order, it is stated that the petitioner does not have any right

to the site for storing petroleum as per Rule 152(1)(i) of Petroleum

Rules 2002. Stating the same, the license granted is suspended as an

interim measure simultaneously asking the petitioner to show cause

within 21 days against the proposal to cancel the license, to the Joint

Chief Controller of Explosives, South Circle, Chennai, who is the

licensing authority. The petitioner has thereupon approached the 2 nd

respondent with Ext.P13 appeal under Rule 154(1)(ii) of the Petroleum

Rules, challenging Exts. P9, P10, P11 orders.

2. Heard the learned counsel for the petitioner and the learned

Senior Counsel appearing for the 4 th respondent as well as the learned

counsel for respondents 5 and 6. As the petitioner has moved an

appeal invoking statutory remedy available under the Rules and there WP(C).No.3495 OF 2021

is the time limit prescribed for disposal of the appeal. The writ petition

is disposed of with a direction to the 2 nd respondent to consider and

pass orders on Ext.P13 appeal after affording an opportunity of

hearing to the petitioner as well as respondent nos. 4 to 6 within the

statutory period. In the meanwhile, the 1st respondent shall also

consider the request of the petitioner made in Ext.P13 appeal for stay

of operation of the impugned orders and pass orders thereon within a

period of three days. It is made clear that hearing can be held through

electronic mode.

Sd/-

P.V.ASHA JUDGE Sn WP(C).No.3495 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 1.7.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION DATED 24.12.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT WITHOUT ENCLOSURES)

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 19.6.2019 FROM THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P4 TRUE COPY OF LETTER DATED 6.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.5.2020 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 13.11.2020 ISSUED PURSUANT TO THE DIRECTION OF THIS HON'BLE COURT IN WPC NO 15563/2020

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 22.12.2020 OF THIS HON'BLE COURT IN WPC NO 20574 OF

EXHIBIT P8 TRUE COPY OF WRITTEN SUBMISSIONS DATED 21.1.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 1.2.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 1.2.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 2.2.21 FROM THE 1ST RESPONDENT TO THE PETITIONER WP(C).No.3495 OF 2021

EXHIBIT P12 TRUE COPY OF CHAPTER VII OF THE PETROLEUM RULES, 2002 (RULES 141 TO 161)

EXHIBIT P13 TRUE COPY OF THE APPEAL DATED 8.2.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 9.2.2021 (WITHOUT ANNEXURES THERETO)

Sn // TRUE COPY// PA TO JUDGE