T.Viswanathan v. The Chief Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.M.P.Nos.10373 & 10374 of 2020 P.Karunakaran ... Petitioner

Versus

1.The Chief Regional Manager Hindustan Petroleum Corporation Ltd.

Salem Retail Regional Office Level IV G.K. Towers D.No.395/2, First Main Road New Fairlands, Salem - 636 016 2.The District Revenue Officer Collectorate Campus Salem 636 001.

3. The Thasildar Edappadi Taluk Office Vellandivalasu Edappadi 637 105 4.The Divisional Engineer Tamil Nadu Highways Department (C and M) Sankari Main Road Edappadi 1/5

5. The District Fire Officer Shevapet Fire Station Salem 636 009

6. The Superintendent of Police The District Police Office Nethimedu Salem - 636 002

7. Raja ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the first respondent in Ref.No.NW/RET/SRO dated 15.05.2020 and quash the same, consequentially issue direction directing the first respondent to consider the petitioner objection dated 09.12.2019 on the basis of the documents produced by the petitioner as well as by giving a personal hearing opportunity to this petitioner. For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.M.Vijayan for R1 for M/s.King & Patridge Mr.P.Sathish for R2 to R6 Additional Government Pleader

ORDER

This writ petition is filed seeking to quash the order passed by the first respondent in Ref.No.NW/RET/SRO dated 15.05.2020 and consequentially issue direction to the first respondent to consider the petitioner objection dated 09.12.2019 on the basis of the documents produced by the petitioner as well as 2/5

by giving a personal hearing opportunity to this petitioner.

2. The case of the petitioner is that the petitioner made objections before the first respondent as against the Retail Outlet Dealership granted in favour of the seventh respondent on various occasions, those were negatived by the first respondent. Challenging the same, this writ petition is filed.

3. The learned counsel for the petitioner seeks this Court to issue directions to the first respondent/Corporation to dispose of the petitioner's objection 09.12.2019 within a reasonable time as fixed by this Court.

4. The learned Additional Government Pleader submitted that pursuant to the selection of the seventh respondent for appointment of Retail Outlet Dealership, the second respondent/District Revenue Officer vide Order dated 18.01.2021 refused to grant No Objection Certificate for grant of establishment of the Retail Outlet. Against which, the seventh respondent had filed a Writ Petition in W.P.No.25708 of 2020 before this Court. 3/5

5. Heard both sides and perused the materials placed on record. In view of the submissions of the learned Additional Government Pleader, this Court is of the view that no further order is required in this writ petition. However, the petitioner is at liberty to implead himself in the writ petition filed by the seventh respondent.

6. In view of the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 01.06.2023 dhk Speaking Order : Yes/ No Index : Yes/ No Internet : Yes/No To 1.The Chief Regional Manager Hindustan Petroleum Corporation Ltd.

Salem Retail Regional Office Level IV G.K. Towers D.No.395/2, First Main Road New Fairlands, Salem - 636 016 4/5

M.DHANDAPANI, J.

dhk 2.The District Revenue Officer Collectorate Campus Salem 636 001.

3. The Thasildar Edappadi Taluk Office Vellandivalasu Edappadi 637 105 4.The Divisional Engineer Tamil Nadu Highways Department (C and M) Sankari Main Road, Edappadi

5. The District Fire Officer Shevapet Fire Station Salem - 636 009

6. The Superintendent of Police The District Police Office Nethimedu, Salem - 636 002 01.06.2023 5/5