R.Ravichandran vs The Divisional Manager (Retail Business),

Court
Madras High Court

WP(MD) No. 26634 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 26634 of 2026
CNR:{HCMD011282662026}
R.Ravichandran
..Petitioner(s)
Vs
1. The Divisional Manager (Retail Business),
Bharat Petroleum Corporation Limited.
First Floor, Raj Towers,
Near Kalaignar Arivalayam, Karur Byepass Road,
Tiruchirappalli - 620 002
2. 2. The Joint Chief Controller of Explosives,
South Circle, Chennai,
Petroleum and Explosives Safety Organisation
(PESO),
A and D Wing, Block 1-8, 2nd Floor,
Shastri Bhawan, No.26, Haddows Road,
Nungambakkam, Chennai - 600 006
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
Respondents to surrender or cancel the Final Explosive Licence No.
P/SC/TN/14/1362 (P33465) dated 17.01.1995 under Rule 152(1)(i) and
(ii) of the Petroleum Rules, 2002 and to dismantle, remove and take
away, within a prescribed time limit, all the Fuel Pumps, underground
tanks, pipelines and all other equipments belonging to the 1st respondent
from the erstwhile Petrol Pump site situated at Plot No. 164/6A, Neivasal
Thenpathi Village, Orathanadu Taluk, Thanjavur -614 019.
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WP(MD) No. 26634 of 2026
For Petitioner(s) :Mr.V.B. Radhakrishnan Menon
For Respondent(s) :Mr.S.Natesh Raja for R1
Mr.R.Murali
Standing Counsel for R2
ORDER
The first respondent was operating a retail fuel outlet at Plot
No.164/6A, Neivasal Thenpathi Village, Orathanadu Taluk, Thanjavur.
Earlier, a No Objection Certificate was issued by the District Revenue
Officer, Thanjavur, on 24.11.1994 under Rule 144 of the Petroleum
Rules, 2002, to the earlier owner of the premises, Mr.G.Manivelan. On
that basis, the second respondent had issued an Explosives License to the
first respondent to store and sell petroleum products within the premises.
Subsequently, the District Revenue Officer cancelled the No Objection
Certificate on 29.01.2026 under Rule 150(1) of the Petroleum Rules,
2002.
2. In view of said cancellation of the No Objection Certificate, the
petitioner has approached this Court for a Mandamus directing the
respondents to return or cancel the Final Explosives Licence bearing
No.P/SC/TN/14/1362 (P33465) and to dismantle and remove all the
equipment in the fuel station.
3. Learned counsel for the first respondent confirms that the fuel
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WP(MD) No. 26634 of 2026
station is not currently operating. He also submits that the first respondent
is ready and willing to remove all the equipment from the site within six
months from today.
4. Learned counsel for the petitioner contends that the licence
under the Petroleum Rules is also liable to be cancelled ipso facto upon
cancellation of the No Objection Certificate by the District Revenue
Officer. He relies on a judgment of the Kerala High Court in W.P.(C)
No.39399 of 2025 in Choorapilan Jameela and others vs. Padavanna
Shamseer and others, dated 12.11.2025 in this regard.
5. Rule 152(1) of the Petroleum Rules, 2002, reads as under:
“ 152. Suspension and cancellation of licence.
(1) Every licence granted under these rules shall.-
(i) stand cancelled, if the licensee ceases to have any
right to the site for storing petroleum;
(ii) stand cancelled, if the no-objection certificate is
cancelled by the District Authority or the State Government
in accordance with sub-rule (1) of rule 150;
(iii) be liable to be suspended or cancelled by an order
of the licensing authority for any contravention of the Act or
of any rule thereunder or of any condition contained in such
licence, or by order of the Central Government, if it is
satisfied that there are sufficient ground for doing so:
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WP(MD) No. 26634 of 2026
Provided that - (a) before suspending or cancelling a
licence under this rule, the holder of the licence shall be
given an opportunity of being heard;
(b) the maximum period of suspension shall not exceed
three months; and
(c) the suspension of a licence shall not debar the
holder of the licence from applying for its renewal in
accordance with the provisions of rule 148.”
6. On examining the above Rule, it appears that the licence granted
under the Petroleum Rules shall stand ipso facto cancelled if the licensee
ceases to have any right to the site for storing petroleum or if the No
Objection Certificate granted by the District Authority or the State
Government is cancelled. It also provides for suspension or cancellation
by an order of the licensing authority for any contravention of the Act or
the rules framed thereunder or for violation of any conditions imposed in
the licence. Suspension or cancellation under clause (iii) of sub-rule (1),
therefore, entails a decision as to whether there was a contravention of the
Act, the rules or the licence conditions. Consequently, the proviso
prescribes an opportunity of being heard to the licensee in that situation.
By contrast, in cases of ipso facto cancellation by operation of law, the
only limited inquiry would be whether the cancellation of the No
Objection Certificate was challenged and, if so, whether such cancellation
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WP(MD) No. 26634 of 2026
was interfered with by a higher authority or a court of law.
7. In this case, the first respondent has not challenged the
cancellation of the No Objection Certificate and, in fact, states that the
retail fuel station is not being operated.
8. Considering the above, this Writ Petition is disposed of on the
following terms:
i. The second respondent is directed to issue an order of cancellation
within two (2) weeks from the date of receipt of a copy of this
order;
ii. The first respondent is directed to dismantle and remove all the
equipment, including fuel pumps, underground tanks, etc., from the
premises at Plot No.164/6A, Neivasal Thenpathi Village,
Orathanadu Taluk, Thanjavur, within a maximum period of four
(4) months from the date of receipt of a copy of this order; and
iii. There shall be no order as to costs.
12-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
apd
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WP(MD) No. 26634 of 2026
To
1. The Divisional Manager (Retail Business)
Bharat Petroleum Corporation Limited
First Floor, Raj Towers, Near Kalaignar Arivalayam,
Karur Byepass Road,Tiruchirappalli - 620 002
2. The Joint Chief Controller of Explosives
South Circle, Chennai,
Petroleum and Explosives Safety Organisation (PESO),
A and D Wing, Block 1-8, 2nd Floor, Shastri Bhawan, No.26,
Haddows Road, Nungambakkam, Chennai - 600 006
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WP(MD) No. 26634 of 2026
SENTHILKUMAR RAMAMOORTHY, J.
apd
WP(MD) No. 26634 of 2026
12-11-2026
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