A.Christopher v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Christopher ... Petitioner vs.

1.The District Revenue Officer, Cuddalore District, Cuddalore.

2.The Territory Manager, (Retail) Bharat Petroleum Corporation Ltd., 1st Floor, Raj Towers, Near Kalaigner Arangam, Karur Bye-Pass Road, Trichy - 2 3.The Executive Engineer, Water Resources Organization, Public Works Department, Chidambaram, Cuddalore District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to issue NOC for shifting / opening the petrol bunk in the place of S.F.No.68/4 and S.F.No.68/5, Mannarkudi Village, Kattumannarkoil Taluk, Cuddalore District by disposing the written representation made by the petitioner on 22.07.2024 and 26.11.2024.

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For Petitioner : Mr.C.Prakasam For R1 : Mr.S.Balamurugan Government Advocate For R3 : M/s.M.Jayanthy Additional Government Pleader

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents 1 and 3, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the 3rd respondent to issue 'No Objection Certificate' for shifting/opening the Petrol Bunk in a new location in S.F.No.68/4 and S.F.No.68/5, Mannarkudi Village, Kattumannarkoil Taluk, Cuddalore District.

3. It is the case of the petitioner that originally Petrol Bunk of the petitioner located in S.F.No.54/4B in the above mentioned Village. It is further stated that a portion of the said land was acquired by the National Highways Department for widening of the road. Therefore, the present place 2/6

is not sufficient to run a Petrol Bunk. The petitioner entered into an Lease Agreement with the owner of the property to shift the Petrol Bunk in new place in S.F.Nos.68/4 and 68/5. For the purpose of opening the Petrol Bunk in the new location, the petitioner sought for 'No Objection Certificate' by submitting a representation before the respondents 1 and 3. The same has not been considered by the respondents 1 and 3 till date. Hence, the petitioner has come before this Court.

4. The learned counsel appearing for the petitioner submits that the 1st respondent already sent a communication to 3rd respondent on 26.02.2024 seeking report from him. Inspite of the same, the 3rd respondent has not considered the representation of the petitioner and forwarded his report to the 1st respondent.

5. Mr.S.Balamurugan, learned Government Advocate takes notice for the 1st respondent and M/s.M.Jayanthy, learned Additional Government Pleader takes notice for the 3rd respondent. 3/6

6. The learned Additional Government Pleader appearing for the 3rd respondent would submit that the representation submitted by the petitioner dated 22.07.2024 will be considered by the 3rd respondent in accordance with law, within the time stipulated by this Court.

7. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 22.07.2024 and forward his comments to the 1st respondent, within a period of four weeks from the date of receipt of copy of this order. The 1st respondent shall consider the same and pass final orders on its own merits and in accordance with law, within a further period of four weeks from the date of receipt of comments from the 3rd respondent.

8. With the above directions, the Writ Petition stands disposed of. No costs.

10.01.2025 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Revenue Officer, Cuddalore District, Cuddalore.

2.The Executive Engineer, Water Resources Organization, Public Works Department, Chidambaram, Cuddalore District.

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S.SOUNTHAR, J.

dm 10.01.2025 6/6