Yesothra v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Yesothra .. Petitioner vs 1.The District Collector, Coimbatore Collector Office, State Bank of India Road, 2.The District Revenue Officer, Coimbatore District, Collectorate Building, State Bank Road, Coimbatore.
3.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, 2nd Floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai-600 034.
4.The Secretary to Government, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi-110 001.
5.The Divisional Engineer (H) C&M, High Ways Coimbatore Division, No.1653/1, High Way Campus, Trichy Road, .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from setting up the new road side petrol/diesel retail outlet in Survey No.99/1a, Thennampalayam-Annur Road, Arasur Village, Coimbatore District and to ensure safe and healthy environment and atmosphere in Sri Vivekananda Public School by preventing serious potential hazards to the health and safety of the students. For the Petitioner : No appearance For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1, 2 and 5 : No appearance for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) On 2.1.2024, we had passed the following order: "Learned counsel for the petitioner submits
that the distance between the school and the retail outlet in question is 69 meters. Whereas as per the affidavit filed by the second respondent, the distance is more than 100 meters.
Learned counsel for the petitioner submits that Court Commissioner may be appointed.
The petitioner shall initially deposit Rs.50,000/- [Rupees Fifty Thousand] with the Registry.
Thereafter, the request for appointment of the Court Commissioner would be considered.
List the matter on 29.01.2024."
2. Today none appears for the petitioner when the matter is called out. It is also submitted that the amount, as directed by this Court, is not deposited.
3. In the light of the above, the writ petition is dismissed.
There shall be no order as to costs. Consequently, W.M.P.No.4363 of 2020 is closed. In view of the dismissal of the writ petition, W.M.P.No.7075 of 2020 filed to implead the proposed respondent as 6th respondent respondent is closed. (S.V.G., CJ.) (D.B.C., J.) 29.01.2024 Index :
Yes/No Yes/No bbr To 1.The District Collector, Coimbatore Collector Office, State Bank of India Road, 2.The District Revenue Officer, Coimbatore District, Collectorate Building, State Bank Road, Coimbatore.
3.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, 2nd Floor, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai-600 034.
4.The Secretary to Government, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi-110 001.
5.The Divisional Engineer (H) C&M, High Ways Coimbatore Division,
No.1653/1, High Way Campus, Trichy Road, Coimbatore-641 018.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 29.01.2024