S.Muniraju v. The Territory Manager Retail Karur

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.P.No.3629 of 2021 S.Muniraju ....

Petitioner Vs

1. The Territory Manager, Retail Karur, Bharat Petroleum Corporation Ltd., Karur Retail Territory, Athur & Kadapparai Village, Karur District, Tamil Nadu 639 008.

2. The District Revenue Officer, Krishnagiri, Collectorate, Krishnagiri District.

3. P. Elayaraja ....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent proceeding in Mu.Mu.No.31240/2019/C2 dated 13.01.2021 and quash the same and consequently, forbearing the respondents 1 to 3 from putting up a retail petrol station at Gummalapuram on Anekal to Tally Road. For Petitioner : Mr.P.Ganesan

For R1 : Mr.O.S.Karthikeyan Standing Counsel For R2 : Mr.E.Vijay Anand Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 13.01.2021, thereby rejected the objections raised by the petitioner.

2. Heard, Mr.P.Ganesan, learned counsel appearing for the petitioner, Mr.O.S.Karthikeyan, learned Standing Counsel appearing for the first respondent and Mr.E.Vijay Anand, learned Additional Government Pleader appearing for the second respondent.

3. The petitioner, being a rival trader and having petrol bunk, made objections to the respondent to give retail outlet in favour of the third respondent. The only objection raised by the petitioner is that the identification of the location. If it is regular retail outlet, location would be on highways and urban/semi urban areas and within municipal limits of a town). If it is rural retail outlet, locations would be on rural areas but not on highways and outside municipal limits of a town.

4. It is seen that from the advertisement that the location is on the stretch "Gummalapuram on Anekal to Thally Road", is within

limits of Gummalapuram which is major district road 1135. Therefore, it falls under the category of regular outlet as per the selection guidelines. Further, it was advertised on the stretch "Gummalapuram on Anekal to Thally Road". Therefore, the objections raised by the petitioner was rightly rejected. That apart, now the retail outlet has been commenced by the third respondent and it is running.

5. In view of the above, the prayer sought for in this writ petition cannot be considered. Thus, the writ petition lacks merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 13.06.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Territory Manager, Retail Karur, Bharat Petroleum Corporation Ltd., Karur Retail Territory, Athur & Kadapparai Village, Karur District, Tamil Nadu 639 008.

2. The District Revenue Officer, Krishnagiri, Collectorate, Krishnagiri District.

13.06.2024