DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

O R D E R

The petitioner in this writ petition is seeking a writ

of certiorari to quash the notice dated 27/02/2017 3

17/08/2017

issued

by

2^nd

respondent

in

No.Food/CR/41/2016-17 produced at Annexure 3 D,

whereby 2^nd respondent in the guise of notice has

directed the petitioner to shift the gas godown from the

present premises to any another suitable premises.

The facts leading to filing of this writ petition

is that the petitioner is the owner of the land having

purchased the converted property in the year 1986 in

Sy.Nos.26/2 and 27/2 totally measuring 29.46 mtrs.

East-West and 25.9 mtrs. South-West and built up area

is 9.10 mtrs.x 6.10 mtrs., safety distance left 10.18

- 3 -

mtrs. x 9.95 mtrs. The petitioner, on purchase of the

land on 21/04/1986 obtained licence from the Kalludi

Gram Panchayat to construct a LPG Godown for the

purpose of carrying on the business and accordingly,

licence was granted. It is stated by the petitioner that

before

obtaining

the

licence

from

Kalludy

Gram

Panchayat, the prime requirement was of obtaining no

objection certificate from the Department of Fire and no

objection from the Controller, Department of Explosives

along with the drawing which was approved by the

Deputy Chief Controller of Explosives, Madras on

16/07/1986 and along with the plan permission and the

same was obtained by the petitioner. It is stated that

Hindustan Petroleum Corporation Limited issued the

dealership appointment letter dated 07/08/1986 to the

petitioner and the petitioner started its business from

14/08/1986 as per the terms and conditions of letter of

agreement as was entered into and the same has been

renewed

from

time

to

time

and

the

dealership

- 4 -

agreement is valid. It is stated by the petitioner that as

per the Rule, the building in question has been insured

from time to time and the same is valid. The storage

capacity of the godown is 8,000 kgs.m of LPG and the

validity of the same has been extended which is

described in Form No.F produced at Annexure 3 A

wherein the minimum requirement is 7 mtrs. distance

from the surrounding area of the godown has to be

maintained in accordance with the conditions of the

licence issued by the Competent Authority. It is stated

by the petitioner that an complaint/representation was

lodged by one Prashanth Nagar Nivasigala Abhivruddi

Sangha/3^rd respondent (hereinafter referred to as <the

Sangha= for short) registered on 15/04/2003 which is

not in anyway obstructing or causing any nuisance to

the public at large and on the same day a representation

was also given to the local MLA as per Annexure 3 B1

and the same has been endorsed by the MLA., whereby

the

MLA

forwarded

the

representation

to

2^nd

- 5 -

respondent/Tahsildar to examine and take action to

change the location of the godown. Based on which, on

10/01/2016, the Deputy Director of Food and Civil

Supplies communicated to 2^nd respondent to hold

enquiry for taking appropriate action as per Annexure 3

B2.

Thereafter, the Food Inspector inspected the

premises and drawn a mahazar in the presence of the

public and also in the presence of the petitioner and

recorded a statement of both the parties on the same

day and submitted a report to 2^nd respondent as per

Annexure 3 C and based on the same, the Tahsildar

issued a readymade notice dated 27/02/2017 which is

again re-dated as 17/08/2017 informing that respondent

had orally informed to the petitioner to shift the

business premises on 31/12/2016 and therefore directed

the petitioner to shift the business premises to the new

place where there is no movement of public vide

Annexure 3 D which was received through registered

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post on 30/08/2017. It is also stated that the petitioner

is carrying on the business since 1986 as per the norms

prescribed under the Explosives Act by maintaining the

minimum

distance

prescribed

under

the

licensing

condition, any license that is going to be issued by the

4^th respondent without maintainin