S.Shanmugam v. Hindustan Petroleum Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:02.03.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.3111 of 2022 S.Shanmugam ..Petitioner Vs.
1. Hindustan Petroleum Corporation Ltd.
HP House, No.18/3, Big Bazaar Street Coimbatore.
2. The Joint Chief Controller of Explosives A & D Wing, Block 1-8, Shastri Bhavan No.26, Haddows Road Nungambakkam, Chennai 600 006.
3. The Chief Engineer cum Regional Officer Ministry of Road (Transport and Highways) C-1-A, Rajaji Bhavan, Besant Nagar Chennai 90.
4. The District Environment Engineer Tamil Nadu Pollution Control Board Kumaran Complex, Kumaran Road Tiruppur.
5. The Secretary General Indian Road Congress, IRC Bhavan Kama Koti Marg, Sector 6, RK Puram, New Delhi 110 022.
6. The District Collector Collectorate Building Tiruppur North 641 604.
7. The Sub Collector Kumaran Road Tiruppur 641 604.
8. The District Revenue Officer Collectorate Building Tiruppur 641 604.
9. The Tahsildar Avinashi, Tiruppur 641 654.
10.The Fire and Rescue Department Kasikoundanpalayam, Avinashi Tiruppur 641 654.
11.The Assistant Divisional Engineer Highway Department No.254/159, Kumaran Road Tiruppur 641 601.
12.The Superintendent of Police Palladam Road, Tiruppur 641 654.
13.Sampath Kumar ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus for a direction to permanently forbear the respondents from issuing the No Objection Certificates, Explosive License and other necessary approvals / permissions / consent with respect to establishment and operation of a new retail petrol / diesel / oil outlet by M/s. HPCL location at S.No.127B/1 at Ettiveeram Palayam Village, Avinashi Taluk, Tiruppur District 641 666 in the name of the 13th respondent.
For the Petitioner : Mr.V.Lakshminarayan For Mr.AR.M.Arunachalam For the Respondents : Mr. Mohammed Fayaz Ali For Respondent 1 Mr.P.Muthukumar State Government Pleader For Respondents 6 to 9 Mrs. Shanmugavalli Sekar Standing Counsel For Respondent 4 Mr.A.Gopinath Government Advocate (Crl.Side) For Respondent 12
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to approach the District Revenue Officer against the grant of No Objection Certificate issued to the private respondent.
2. In view of the above, the writ petition is dismissed as withdrawn, with liberty as prayed for. There will be no order as to costs. Consequently, W.M.P.No.3279 of 2022 is also dismissed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kpl/drm To:
1. Hindustan Petroleum Corporation Ltd.
HP House, No.18/3, Big Bazaar Street Coimbatore.
2. The Joint Chief Controller of Explosives A & D Wing, Block 1-8, Shastri Bhavan No.26, Haddows Road Nungambakkam, Chennai 600 006.
3. The Chief Engineer cum Regional Officer Ministry of Road (Transport and Highways) C-1-A, Rajaji Bhavan, Besant Nagar Chennai 90.
4. The District Environment Engineer Tamil Nadu Pollution Control Board Kumaran Complex, Kumaran Road Tiruppur.
5. The Secretary General Indian Road Congress, IRC Bhavan Kama Koti Marg, Sector 6, RK Puram New Delhi 110 022.
6. The District Collector Collectorate Building Tiruppur North 641 604.
7. The Sub Collector Kumaran Road Tiruppur 641 604.
8. The District Revenue Officer Collectorate Building Tiruppur 641 604.
9. The Tahsildar Avinashi, Tiruppur 641 654.
10.The Fire and Rescue Department Kasikoundanpalayam, Avinashi Tiruppur 641 654.
11.The Assistant Divisional Engineer Highway Department No.254/159, Kumaran Road Tiruppur 641 601.
12.The Superintendent of Police Palladam Road, Tiruppur 641 654.
+1cc to Mr.AR.M.Arunachalam, Advocate, S.R.No.13577 +1cc to the Government Pleader, S.R.No.14108 (10/03/2022) W.P.No.3111 of 2022 PM(CO) RGA(07/03/2022)