Madras High CourtWP/9855/2021disposed of

Paari Chackravarthy Varatharaj v. District Revenue Officer

2021-07-08Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08..07..2021

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.9855 of 2021 Paari Chackravarthy Varatharaj ... Petitioner -Versus1.District Revenue Officer, Tiruvallur District, Tiruvallur 602 001.

2.The Divisional Engineer, Highways Department, C & M Division, Tiruvallur 602 001.

3.M/s.Hindustan Petroleum Corporation Limited, Petro Bhavan, 2nd Floor, No.82, T.T.K.Road, Alwarpet, Chennai 600 018.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to complete the enquiry and pass orders on the Application made by the 3rd respondent dated 19.10.2019 ref: CHRRO/RN/RE for grant of No Objection Certificate for setting up a retail outlet at S.No.29/1A and 29/4B, Aranvoyal Village, Thiruvallur Taluk and District on SH 50 without insisting for an NOC from the 2nd respondent within the period to be specified by this court.

For Petitioner : Mr.P.N.Vignesh For Respondent(s) : Mr.K.M.D.Muhilan, Government Advocate for RR 1 & R2 Mr.Mohammed Fayaz Ali for R3

ORDER

[This matter has been heard through video conference] This writ petition has been filed seeking a mandamus directing the 1st respondent to complete the enquiry and pass orders on the Application made by the 3rd respondent dated 19.10.2019 Ref: CHRRO/RN/RE for grant of No Objection https://hcservices.ecourts.gov.in/hcservices/

Certificate for setting up a retail outlet at S.No.29/1A and 29/4B, Aranvoyal Village, Thiruvallur Taluk and District on SH 50 without insisting for an NOC from the 2nd respondent.

2. The case of the petitioner is that the 3rd respondent had already made a request to the 1st respondent for grant No Objection Certificate under Rule 144 of the Petroleum Rules, 2002. Even though a recommendation was made on 29.01.2021, so far no order has been passed. Hence, the present writ petition.

3. Today, when the matter has been taken up for hearing, the learned Government Advocate, on instructions, submitted that the application for No Objection Certificate would be considered and suitable orders would be passed thereof within a period of two weeks from the date for receipt of a copy of this order.

4. Considering the fact that the the application for No Objection Certificate is pending with the 1st respondent for more than five months and the submission made by the learned Government Advocate, the 1st respondent is directed to consider the application and pass suitable orders thereof on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order, if no order has been passed so far. This writ petition is disposed of accordingly with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kmk To 1.District Revenue Officer, Tiruvallur District, Tiruvallur 602 001.

2.The Divisional Engineer, Highways Department, C & M Division, Tiruvallur 602 001.

+1cc to Mr.Mohamed Fayaz Ali, Advocate, S.R.No. 32218 +1cc to Mr.P.N.Vignesh, Advocate, S.R.No.32219 Writ Petition No.9855 of 2021 RSI(CO) GN(13/07/2021) https://hcservices.ecourts.gov.in/hcservices/