← Library
Madras High CourtWP/4364/2026disposed of with direction

P.Dhanalakshmi v. The Development Commissioner-Cum-Secretary To Government

2026-03-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 4364 of 2026 & W.M.P.Nos.4847, 4848, 10743 and 10588 of 2026 P.Dhanalakshmi D/o Parthipan, No.4, Pandian Street, Pudhu Nagar, Nainaarmandapam, Mudaliarpet, Puducherry- 605 004 ..Petitioner(s) Vs

1. The Development Commissioner-cumSecretary to Government, Union Territory Of Puducherry, Goubert Avenue, Beach Road, Puducherry 605 001

2. The District Magistrate 1st Floor, New Revenue Complex, Vazhudavoor Road,Pettaiyanchathiram, Puducherry 605 009

3. The Joint Chief Controller of Explosives, South Circle, Chennai, Petroleum and Explosives Safety Organization (PESO), A and D wing, Block 1-8, 2nd Floor,Shastri Bhavan, No 26, Haddows Road, Nungambakkam, Chennai 600 006

4. The Member Secretary Puducherry Pollution Control Committee 3rd Floor Housing Board Complex Anna Nagar, Nellithope

5. The Member Secretary Puducherry Planning Authority Town and Country Planning Department

6. The Territory Manager M/s Bharat Petroleum Corporation Limited (Retail Unit) Trichy Retail Territory 1st Floor, Raj Towers Tiruchirapalli 620 002

7. Chithira.B, W/o. Balachander, No.16, Third Cross, Balaji Nagar, Oulgaret, Reddiar Palayam, Puducherry - 605 010.

8. V.Ajay Sinnasamy, S/o. Vaithilingam, No.8, Perumal Koil Street, Koodapakkam, Puducherry - 605 502.

(R7, R8 IMPLEADED VIDE ORDER DATED 03.03.2026 MADE IN WMP.9423/2026 IN WP.4364/2026 BY MDIJ) ..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 15-12-2025 No.

1377/Dc-cum-Secy(Rev)/Pdy/Petroleum Appeal/2025 by the 1st respondent and the No Objection Certificate 1377/DM/RO/TAH/D3/2024-25/10503 dated 17.12.2025 issued by the 2nd Respondent and quash the same and consequential direction to the 6th Respondent to refrain from setting up of and commissioning the Petroleum Retail Outlet in the National Highway (NH - 32), (RHS of Indira Gandhi square to Marapalam junction) at Ward - K, Block-6, T.S. No. 3/5A of Olandai Revenue Village, Puducherry Taluk, Puducherry

For Petitioner(s):

Mr.M.Ravi Senior Counsel For Respondent(s):

Mr.Vasanthakumar for R1, R2, R4 and R5 AGP (P) Mr.B.Sudhir Kumar, for R3 Mr.D.Ravichandar for R7 and R8 Mr.Abdul Saleem, Sr.Advocate for Mr.O.S.Karthikeyan for R6

ORDER

This Writ Petition is filed to call for the records pertaining to the impugned order dt 15-12-2025 No. 1377/Dc-cum-Secy(Rev)/Pdy/Petroleum Appeal/2025 by the 1st respondent and the No Objection Certificate 1377/DM/RO/TAH/D3/2024-25/10503 dated 17.12.2025 issued by the 2nd Respondent and quash the same and consequential direction to the Respondents to refrain from setting up of and commissioning the Petroleum Retail Outlet in the National Highway (NH - 32), (RHS of Indira Gandhi square to Marapalam junction) at Ward - K, Block-6, T.S. No. 3/5A of Olandai Revenue Village, Puducherry Taluk, Puducherry.

2. Upon hearing the arguments of the learned Additional Government Pleader (Puducherry) for respondents 1, 2, 4 and 5 and learned senior counsel for 6th respondent and the learned counsel for the respondents 3, 7 and 8, the learned senior counsel appearing for the petitioner would submit

that this Court may dispose of the present petition by granting liberty to the petitioner to file a Public Interest Litigation Petition before the Hon'ble First Bench of this Court and this Court may also extend the Interim Order to enable the petitioner to file the Public Interest Litigation.

3. The learned Additional Government Pleader (Puducherry) for respondents 1, 2, 4 and 5 and learned senior counsel for 6th respondent and the learned counsel for the respondents 3, 7 and 8 have no objection for acceding to the submissions of the learned senior counsel appearing for the petitioner.

4. In view of the above, this Court without expressing any opinion on the merits of the case and taking note of the fact that the petitioner has no locus standi to file the present Writ Petition in individual capacity, as an aggrieved person, is inclined to dispose of present Writ Petition with liberty to the petitioner to approach the Hon'ble First Bench of this Court by way of Public Interest Litigation. Interim order already - granted by this Court is extended till 01.04.2026. Consequently, connected miscellaneous petitions are closed. No costs.

24-03-2026 Index: Yes/No Speaking/Non-speaking order Note: Registry is directed to issue order copy on 25.03.2026

To

1. The Development Commissioner-cumSecretary to Government Union Territory Of Puducherry Goubert Avenue, Beach Road Puducherry 605 001

2. The District Magistrate 1st Floor, New Revenue Complex Vazhudavoor Road Pettaiyanchathiram Puducherry 605 009

3. The Joint Chief Controller of Explosives, South Circle, Chennai Petroleum and Explosives Safety Organization (PESO) A and D wing, Block 1-8, 2nd Floor Shastri Bhavan, No 26, Haddows Road, Nungambakkam Chennai 600 006

4. The Member Secretary Puducherry Pollution Control Committee 3rd Floor Housing Board Complex Anna Nagar, Nellithope

5. The Member Secretary Puducherry Planning Authority Town and Country Planning Department

6. The Territory Manager M/s Bharat Petroleum Corporation Limited (Retail Unit) Trichy Retail Territory 1st Floor, Raj Towers Tiruchirapalli 620 002

M.DHANDAPANI, J.

ssd 24-03-2026