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Madras High CourtWP/12381/2017dismissed

S.Kuppan, v. The District Collector,

2017-06-19Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.12381 of 2017 and W.M.P.No.13133 of 2017 S. Kuppan ... Petitioner Vs.

1. The District Collector, Thiruvallur District.

2. The Tahsildar, Thiruvallur Taluk and District.

3. Govindaraj ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the respondents 1 and 2 from issuing No Objection Certificate to the 3rd respondent in respect of starting Petrol Bunk situated in Survey No.36/86, Veppampattu Village, Thiruvallur Taluk and District by considering the petitioner's representation dated 24.04.2017.

For Petitioner : Mr.Rajesh Kanna For Respondent : Mr.A.N. Thambidurai, Special Government Pleader (R1 & R2) Mr. P. Krishnan for R3

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 1 and 2 for issuing No Objection Certificate in respect of starting Petrol Bunk situated in Survey No.36/86, Veppampattu Village, Thiruvallur Taluk and District, by considering the petitioner's representation dated 24.04.2017.

2.The 3rd respondent has filed his counter wherein he has stated that he has not applied for any No Objection Certificate to the respondents 1 and 2 and therefore, the relief sought for in the Writ Petition is misconceived and liable to be dismissed. 3.The learned counsel appearing for the 3rd respondent, while reiterating the stand taken in the counter has also stated https://hcservices.ecourts.gov.in/hcservices/

that the 3rd respondent has no necessity to approach the respondents 1 and 2 for obtaining a No Objection Certificate, therefore, the Writ Petition is liable to be dismissed. 4.Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner's representation dated 24.04.2017 was considered by the 2nd respondent and the same was rejected by the 2nd respondent, stating that the 3rd respondent has not applied for No Objection Certificate from him.

5. In view of the submissions made by the learned counsel for the 3rd respondent and also the learned Special Government Pleader, I do not find any reason to keep the Writ Petition pending anymore.

6.In these circumstances, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar va/nl To

1. The District Collector, Thiruvallur District.

2. The Tahsildar, Thiruvallur Taluk and District.

+1cc to Government Pleader in sr.no.43615 +1cc to Mr.A.Rajesh Kanna, Advocate in sr.no.42906 +1cc to Mr.P.Krishnan, Advocate in sr.no.42976 W.P.No.12381 of 2017 and W.M.P.No.13133 of 2017 CA(CO) NR 03/07/2017 https://hcservices.ecourts.gov.in/hcservices/