Madras High CourtWP/7461/2019disposed of

R.Baskaran v. The District Collector

2024-01-08Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.7461 of 2019 and W.M.P. No.8121 of 2019 R. Baskaran Partner M/s. Giri Textiles Bleachers ... Petitioner Vs.

1.The District Collector, Erode District Collector Office, Perundurai Road, Erode-11.

2. The General Manager, Anna Nagar, Chennai.

3. The Assistant Manager (Retail), C/o. V.S. Mugesan Mudaliar & Co., Bharat Petroleum Corporation Dealer, S.F. No.23/2, Door No.44-49, Gandhiji Road, Erode-1.

4. The Territory Manager (Retail), TOP Installation, Ravuthur Post, Via Irugur, Coimbatore.

5. B. Karthick S/o. Balasubramaniam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents 3 to 5 from opening petrol bunk at the place of Patta No.322 in R.S. No.294/3A1, 294/5A1A, Suriyampalayam Village, Erode Taluk, Erode District. For Petitioner : Mr. C. Prakasam For Respondents : Mr. G. Ameedius, Government Advocate [for R1] Mr. O.S. Karthikeyan [for R2 to R4] Mrs. K. Indu Priya [for R5]

ORDER

This Writ petition has been filed to forbear the respondents 3 to 5 from opening Petrol Bunk at the place viz., Patta No.322 in R.S. No.294/3A1, 294/5A1A, Suriyampalayam Village, Erode Taluk, Erode District.

2. It is brought to the notice of this Court that permission was granted in favour of the 5th respondent to run Bharat Petroleum Corporation Dealer (retail ) in the subject property with effect from 13.03.2019.

Therefore, this Writ filed seeking relief in the nature of injunction not to open Petrol Bunk lost its relevance and cannot be granted.

3. If at all, the petitioner is aggrieved from and out of the permission granted, he is at liberty to approach the authorities in the manner known to law by challenging the order if any passed.

4. With this liberty, this Writ petition stands disposed of. No order as to costs. Connected miscellaneous petition is closed. 08.01.2024 Index : yes/no Speaking order/Non-speaking order : yes/no mjs To

1. The District Collector, Erode District Collector Office, Perundurai Road, Erode-11.

2. The General Manager, Anna Nagar, Chennai.

3. The Assistant Manager (Retail), C/o. V.S. Mugesan Mudaliar & Co., Bharat Petroleum Corporation Dealer, S.F. No.23/2, Door No.44-49, Gandhiji Road, Erode-1.

4. The Territory Manager (Retail), TOP Installation, Ravuthur Post, Via Irugur, Coimbatore.

S.M.SUBRAMANIAM, J.

mjs 08.01.2024