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Madras High CourtWP/3645/2023disposed of

C.T.Vaithinathan v. The Chief Engineer

2026-03-27Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 3731 OF 2023 C.T.Vaithinathan, S/o. T.Chinnasamy, 12/11-4, Pappapatti Kattu Valavu, Kadaiyampatti Main Road, Edanganasalai Bit -2 Village, Sankari Taluk- 637 502, Salem District.

Petitioner(s) Vs

1. The Chief Engineer, (Construction and Maintenance), Highways Department, Chennai - 600 025.

2.The Territory Manager (Retail), Bharat Petroleum Corporation Limited, Karur Retail Territory, Karur- 639 002.

3.Sathya, W/o. Prabhu, Door No. 4-1, Kottapuliyur, Chettmankurichi Village, Edappadi Taluk, salem District.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 2nd respondent to withdraw the letter of intent issued in favour of the 3rd respondent for establishing petroleum Retail Outlet in the land of the petitioner situated at S.No. 456/2A to the extent of 0.22.0 Hectare in Edankannasalai Village Bit-1, Sankari Taluk, Salem District on the ground of not meet out the distance norms as specified in the Government order in G.O. Ms. No. 25, Highways and Minor Ports (HN.2) Department dated 24.02.2022 and high Voltage Electric line is passing on the land of the petitioner.

For Petitioner(s):

Mr.V.Elangovan For Respondent(s):

Mrs.S.Anitha Special Government Pleader For R1 Mr.M.Vijayan and Ms.Bensi Rena For M/s.King and Partridge For R2 Mr.S.Arjun For Mr.J.Prithivi For R3

ORDER

This writ petition has been filed seeking to direct the 2nd respondent to withdraw the letter of intent issued in favour of the 3rd respondent for establishing petroleum Retail Outlet in the petitioner's land situated at S.No. 456/2A to the extent of 0.22.0 Hectare in Edankannasalai Village Bit-1, Sankari Taluk, Salem District.

2.Learned counsel for the petitioner would submit that the petitioner made a representation dated 29.09.2022 to the 2nd respondent seeking to withdraw the letter of intent issued in favour of the 3rd respondent for establishing petroleum Retail Outlet in the petitioner's land situated at S.No. 456/2A to the extent of 0.22.0 Hectare in Edankannasalai Village Bit-1, Sankari Taluk, Salem District on the ground that the distance norms as specified in the Government order in G.O. Ms. No. 25, Highways and Minor Ports (HN.2) Department dated 24.02.2022, has not been met and the high Voltage Electric line is passing on the land of the petitioner. However, the representation has not been considered till date. Hence, the present writ petition has been filed. 3.Learned counsel appearing for the 2nd respondent would submit that the representation of the petitioner will be considered within a time frame to be fixed by this Court.

4.Considering the submissions made by both parties and in view of the limited prayer sought for in this writ petition, this Court directs the 2nd respondent to consider the petitioner's representation dated 29.09.2022 and pass order on merits and in accordance with law, after issuing notice to the petitioner as well as the 3rd respondent, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chief Engineer, (Construction and Maintenance), Highways Department, Chennai - 600 025.

2.The Territory Manager(Retail), Bharat Petroleum Corporation Limited, Karur Retail Territory, Karur- 639 002.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 3731 OF 2023 27-03-2026