S.Anbalagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. No.2612 of 2020 S. Anbalagan Proprietor, M/s.Shri Laxmi Narasimmar & Co.
...
Petitioner Vs
1. The District Collector, Namakkal Collector Office, Collectorate Road,
2. The Chief Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Salem Divisional Office, No.234, 1st Floor, SDLOA Building, NH 7 Salem Bangalore By pass Road, Kondalampatti, Salem - 636 010.
3. The Additional District Magistrate and District Revenue Officer, Namakkal Collector Office, Collectorate Road, 1/4
4. The Divisional Engineer Highways, No.5, Mohanur Road, Namakkal Highways Office,
5. The Chief Controller of Explosives, South Circle Office, No.140 Rukmini Lakshmipathi Road, Marshalls Road, Egmore, Chennai - 600 008.
...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to permanently forbear the respondents 1,3,4 and 5 from issuing no objection certificate (NOC), Explosive License, and other necessary approvals / permissions / consent to the 2nd respondent to open and operate a New road side petroleum Retail outlet at SF No.353/6, Komarapalayam Agraharam Village, Komarapalayam Taluk, Namakkal District.
For Petitioner : Mr.R. Nalliyappan For Respondents : Mr.U. Baranidharan, Addl. Govt. Pleader for R1,3,4 & 5 M/s.Mohammed Rayaz Ali for R2
ORDER
This writ petition has been filed to forbear the respondents 1,3,4 and 5 from issuing no objection certificate (NOC), Explosive License, and other necessary approvals / permissions / consent to the 2nd respondent to open 2/4
and operate a New road side petroleum Retail outlet at SF No.353/6, Komarapalayam Agraharam Village, Komarapalayam Taluk, Namakkal District.
2. Learned counsel for the 2nd respondent submitted that during the pendency of this writ petition, 2nd respondent has passed an order, thereby the request of the petitioner for issuance of No Objection Certificate for setting up of Retail Outlet has been rejected. Therefore, nothing survives for further adjudication in this matter.
3. Recording the fair submissions made by the learned counsel for the 2nd respondent, this writ petition stands closed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed. 10.04.2023 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4
M.DHANDAPANI, J.
vsi2 To
1. The District Collector, Namakkal Collector Office, Collectorate Road,
2. The Chief Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Salem Divisional Office, No.234, 1st Floor, SDLOA Building, NH 7 Salem Bangalore By pass Road, Kondalampatti, Salem - 636 010.
3. The Additional District Magistrate and District Revenue Officer, Namakkal Collector Office, Collectorate Road,
4. The Divisional Engineer Highways, No.5, Mohanur Road, Namakkal Highways Office,
5. The Chief Controller of Explosives, South Circle Office, No.140 Rukmini Lakshmipathi Road, Marshalls Road, Egmore, Chennai - 600 008.
10.04.2023 4/4