K.Vijayan v. The Additional District Magistrate/District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2026 CORAM :
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.10970 of 2026 K.Vijayan ... Petitioner Vs.
1.The Additional District Magistrate/District Revenue Officer, Vellore District, District Collectorate Complex, Vellore - 632 009. 2.Nayara Energy Limited, Rep. by its The Divisional Manager, 2nd Floor, Sreerosh Madhav Building, Old No.58/2, New No.58/2, New Avadi Road, Kilpauk, Chennai - 600 010.
... 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 relating to the impugned proceedings in Rc.C2/E-1178414/2023 dated 06.02.2026 passed by the 1st Respondent, namely the Additional District Magistrate/District Revenue Officer, Vellore District, and quash the same as illegal, arbitrary, unreasonable and violative of principles of natural justice, and consequently direct the 1st Respondent to grant No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 for Page No.1 of 6
establishment of a petroleum retail outlet in survey No.147/7B, Pennathur Village, Vellore Taluk, Vellore District, within a time frame to be stipulated by this Court.
For Petitioner : Mr.Mohammed Fayaz Ali For Respondents : Mr.D.Ravichander Special Government Pleader [R1] Notice dispensed with [R2] *****
ORDER
This Writ Petition has been filed challenging the impugned proceedings of the 1st respondent, dated 06.02.2026, rejecting the petitioner's request for issuance of No Objection Certificate for running a retail petroleum outlet in his property morefully disclosed in the affidavit filed in support of this writ petition on the ground that the said property has been earmarked and classified as DC land (Panchami Land).
2. Mr.D.Ravichander, learned Special Government Pleader, accepts notice on behalf of the 1st respondent. Since no adverse order is passed against the 2nd respondent in this writ petition, notice to the 2nd respondent is dispensed with by this Court.
Page No.2 of 6
3. The petitioner is an ex-serviceman and he claims that he belongs to Scheduled Caste and therefore, by total non-application of mind, the impugned order has been issued by the 1st respondent. The petitioner has challenged the impugned order on the ground of violation of the principles of natural justice and on the ground that it is a nonspeaking order. The 2nd respondent is the petroleum company, which has granted licence to the petitioner to run the petroleum outlet in the petitioner's property.
4. As seen from the impugned proceedings of the 1st respondent, dated 06.02.2026, no opportunity of hearing was granted to the petitioner by the 1st respondent before rejecting the petitioner's application. The impugned proceedings of the 1st respondent has also not considered the petitioner's contentions as raised in this writ petition. Being a nonspeaking order, and an order passed in violation of the principles of natural justice, necessarily, the impugned proceedings of the 1st respondent dated 06.02.2026 has to be quashed by this Court and the matter has to be remanded back to the 1st respondent for fresh Page No.3 of 6
consideration on merits and in accordance with law, after giving due consideration to the supporting documents filed by the petitioner.
5. For the foregoing reasons, the impugned proceedings of the 1st respondent, dated 06.02.2026 is hereby quashed by this Court and the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court. The petitioner is directed to submit written explanation along with supporting documents to the 1st respondent as to how there is no legal restrictions for the 1st respondent to issue No Objection Certificate to the petitioner, within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the said written explanation from the petitioner within the stipulated time, the 1st respondent, after giving due consideration to the said written explanation submitted by the petitioner as well as the supporting documents produced by the petitioner on merits and in accordance with law, shall pass a speaking order in respect of the petitioner's application seeking issuance of NOC to the petitioner, within a period of four (4) weeks thereafter.
Page No.4 of 6
6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 24.03.2026 Index : Yes / No Speaking order / Non-speaking order sp To The Additional District Magistrate/District Revenue Officer, Vellore District, District Collectorate Complex, Vellore - 632 009. Page No.5 of 6
ABDUL QUDDHOSE, J.
sp 24.03.2026 Page No.6 of 6