Sri Valampuri Annamalai Fuels v. Tamil Nadu Small Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.2245 of 2022 Sri Valampuri Annamalai Fuels, Rep. By its Proprietor, Sri Muthusamy Kandiar Annamalai, 21/22 Perumal South Street, Nagapattinam 611 001.

.. Petitioner Vs.

1.The Tamil Nadu Small Industries Rep. By its Managing Director, 2.The Deputy General Manager, Rep. By its Managing Director, 3.The Branch Manager, Rep. By its SIDCO Industrial Estate, Nanjikottai Road, Thanjavur 613 006.

4.Hindustan Petroleum Corporation Ltd., Rep. By its Chief Manager Retail Engineering, Trichy Retail Regional Office, No.90, II Floor, MSDR Enclave, Bharathidasan Road, Cantonment, Trichy 620 001.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent pertaining to impugned order dated 17.12.2021 in Na.Ka.No.52/A/2002 and to quash the same and consequently direct the 1st respondent to sanction approval and issue No Objection Certificate for setting up of a retail Dealership at Plot No.41

Government Industrial Estate Nagapattinam comprised in old T.S.No.8, New T.S.No.8/1 measuring an extent of 6800 sq. ft., Nagoor Main Road, Nagapattinam Town within a period as specified by this Court.

For Petitioner : Mr.P.N.Vignesh For RR1 to 3 : Mr.P.Prabhakaran For R4 : Mr.Mohammed Fayaz Ali

O R D E R

The learned counsel appearing for the petitioner submitted that the present Writ Petition is filed challenging the order of the 3rd respondent dated 17.12.2021 made in Na.Ka.No.52/A/2002, rejecting the request of the petitioner for setting up a retail Dealership at Plot No.41 Government Industrial Estate Nagapattinam comprised in old T.S.No.8, New T.S.No.8/1 measuring an extent of 6800 sq. ft., Nagoor Main Road, Nagapattinam Town and for issue of No Objection Certificate for setting up a Retail Dealership.

2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the 1st respondent, by the letter dated 11.03.2022 addressing to the petitioner, has permitted to set up a Petrol Bunk, subject to the payment of Rs.22,64,900/- (Rupees Twenty two lakhs sixty four thousand and nine hundred only) to the TANSIDCO towards one time transaction fee and conversion of industrial purpose activity to commercial activity along with other conditions stated in the said letter and hence, nothing survives in the Writ Petition.

3.Recording the submission made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gsa To 1.The Managing Director,

2.The Managing Director, The Deputy General Manager, 3.The Branch Manager, Rep. By its SIDCO Industrial Estate, Nanjikottai Road, Thanjavur 613 006.

4.The Chief Manager Retail Engineering, Hindustan Petroleum Corporation Ltd., Trichy Retail Regional Office, No.90, II Floor, MSDR Enclave, Bharathidasan Road, Cantonment, Trichy 620 001.

+1cc to Mr.S.P.Prabhakaran, Advocate, S.R.No.18036 W.P.No.2245 of 2022 JP(CO) SB(29/03/2022)