Kerala High Court
Hassainar.K.P vs State Of Kerala on 4 April, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 35933 OF 2023
PETITIONER:
HASSAINAR.K.P.
AGED 44 YEARS
S/O.K.K.PAREETH, KUNNUMPURATH HOUSE,
THOTTUMUGHAM.P.O., ALUVA,
ERNAKULAM DISTRICT, PIN - 683 105
BY ADVS.
DINESH MATHEW J.MURICKEN
JERRY PETER
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
RIA VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, STATUE JUNCTION,
THIRUVANANTHAPURAM GENERAL.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001
2 ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM
OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, CIVIL STATION.P.O.,
ERNAKULAM DISTRICT, PIN - 682 030
3 PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION
REPRESENTED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM SUB OFFICE, C2-IIIRD FLOOR, CGO COMPLEX,
KAKKANAD P.O., ERNAKULAM DISTRICT, PIN - 682 030
BY ADVS.
GIRISH KUMAR V
SMT. VIDYA KURIAKOSE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35933 OF 2023
2
T.R.RAVI.J
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WP(C) No.35933 of 2023
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Dated this the 04th day of April, 2024
JUDGMENT
The petitioner's case in this writ petition is that no
notification has been issued under Section 4 of the
Inflammable Substances Act, 1952 (the 1952 Act) making the
provisions of the Petroleum Act, 1934 applicable to methyl
alcohol and hence Ext.P5 is bad in law. The respondents have
filed statements showing that there is no requirement of any
notification since Section 5 of the 1952 Act clearly says that
notifications which have been issued under Section 30 of the
Petroleum Act between 01.04.1937 and the date of
commencement of the Inflammable Substances Act, 1952 will
be deemed to have been issued or made under the 1952 Act
and continuing in force. Reference is also made to the
statement of objects and reasons of the 1952 Act, wherein it is
WP(C) NO. 35933 OF 2023
specifically stated that all the provisions of the 1934 Act have
been made applicable to methyl alcohol, that the declaration in
the first instance will be complying to liquids and substances
mentioned in paragraph No.1 of the statement of objects which
includes methyl alcohol, in respect of which notifications have
already been issued under sub-section (1) of Section 30 of the
Petroleum Act.
The provisions of the Statutes are clear and do not allow
any ambiguity. No further notifications are required and the
provisions of the Petroleum Act, 1934 are applicable to the
substances which have been declared to be dangerously
inflammable in Section 3 of the 1952 Act. The petitioner is not
entitled to any relief and the writ petition is hence dismissed.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 35933 OF 2023
APPENDIX OF WP(C) 35933/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD TO
THE UNIT OF THE PETITIONER DATED 11.09.2023
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED TO THE
PETITIONER BY THE KIZHAKKAMBALAM GRAMA
PANCHAYAT TO RUN BIOTECH OILS DATED
03.10.2023
Exhibit P3 TRUE COPY OF THE NO-OBJECTION CERTIFICATE
ISSUED BY THE DISTRICT FIRE OFFICER, FIRE AND
RESCUE SERVICES DATED 22.05.2019
Exhibit P4 TRUE COPY OF THE SANITARY CERTIFICATE ISSUED
BY THE HEALTH INSPECTOR, COMMUNITY HEALTH
CENTRE, MALAYIDAMTHURUTH DATED 03.10.2023 TO
THE UNIT OF THE PETITIONER
Exhibit P5 TRUE COPY OF THE ORDER NO.DCEKM/1335/2023-M2
ISSUED BY 2ND RESPONDENT DATED 03.10.2023 TO
THE PETITIONER
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGES
