Madras High CourtWP/12053/2024disposed of

Mr.Senthil Vadivelan, v. The Secretary,

2024-04-30Honourable The Chief Justice,Honourable Mr Justice G. Chandrasekharan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN Senthil Vadivelan ..

Petitioner Vs.

1. The Secretary Ministry of Petroleum & Natural Gas A-Wing, Shastri Bhawan Dr.Rajendra Prasad Road New Delhi 110 001.

2. The Chief Secretary Government of Tamil Nadu Secretariat, Chennai 9.

3. The Secretary to Government of Tamil Nadu Revenue Department Secretariat, Chennai 9.

4. The Additional Chief Secretary Government of Tamil Nadu (Highways and Minor Ports Dept) [H3-2] Department, Secretariat Chennai 9.

5. The Deputy Chief Engineer (Highways) Office of the Chief Engineer (Highways) Construction and Maintenance No.76, Sardar Patel Road, Guindy Chennai 600 032.

6. The Divisional Engineer Office of the Divisional Engineer (Highways, Construction and Maintenance) Edappadi Town, Taluk, Salem District 637 101.

7. The Principal Secretary Government of India Rural Development and Panchayatraj Department Secretariat, Chennai 600 009.

8. The District Collector Salem District District Collector Campus Salem 1.

9. The District Revenue Officer Salem District District Collector Campus Salem 1.

10.The Revenue Divisional Officer RDO Office, Mettur Town and Taluk Salem District, Mettur 636 401.

11.The Head of Bureau Central Bureau of Investigation - ACB, Chennai 3rd Floor, Shastri Bhavan No.26, Haddows Road, Nungambakkam Chennai 600 006.

12.The Chief Controller of Explosives Petroleum and Explosive Safety Organisation (PESO) A and D - Wing, Block 1 - 8, 2nd Floor Shastri Bhavan, 26, Haddows Road Nungambakkam, Chennai 600 006.

13.The District Revenue Officer No.3, Vth East Cross Road, Gandhi Nagar Government of India Ministry of Commerce & Industry Petroleum and Explosive Safety Organisation (PESO) Vellore 632 006, Vellore District.

14.M/s. Bharat Petroleum Corporation Ltd.

Rep. by the State Head (Retail) Southern Regional Office No.1, Ranganathan Gardens, Off 11th Main Road Anna Nagar, Chennai 600 040.

15.The Territory Manager M/s. Bharat Petroleum Corporation Limited Karur Territory Office Kadapparai Village, Erode Road Attur Post, Karur District 639 002.

16.The Controller of Explosives No.3, Vth East Cross Road, Gandhi Nagar Government of India Ministry of Commerce & Industry Petroleum and Explosive Safety Organisation (PESO) Vellore 632 006, Vellore District.

17.The Block Development Officer Tharamangalam Union Omalur Taluk, Salem District.

18.The Assistant Director of Panchayat Collectorate Office Campus Salem District.

19.The Panchayat President/Executive Officer Karukkalvadi Panchayat Omalur Taluk, Salem District.

20.Vijayan Palanisamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 8, 9, 10, 12, 13 to consider his representation dated 15.03.2024 to stop the unauthorised and illegal construction made by the respondent No.20 and to initiate appropriate action against the 20th respondent. For the Petitioner : Mr.G.Jeremiah For the Respondents : Dr.G.Balu Senior Panel Counsel for Respondents 1, 12 & 16 Mr.A.Edwin Prabakar State Government Pleader for Respondents 2-4, 8-10 & 18 Mr.A.Anandan Government Advocate for Respondents 17 & 19

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Jeremiah, learned counsel for the petitioner, Dr.G.Balu, learned Senior Panel Counsel for the respondents 1, 12 and

16, Mr.A.Edwin Prabakar, learned State Government Pleader for the respondents 2 to 4, 8 to 10 and 18 and Mr.A.Anandan, learned Government Advocate for the respondents 17 and 19.

2. The public interest litigation is filed on the ground that the other retail outlet of the respondent no.20 is within the prohibited distance of another retail outlet.

3. According to learned counsel for the petitioner, the same is against the Government Order and not in consonance with the Rules.

4. The petitioner is not a retail outlet owner or licensee of a retail outlet. The said retail outlet would not affect the petitioner in whatsoever manner.

5. A representation is already given by the petitioner. The concerned authorities, if they have not already decided the said representation, may decide the same on its own merits and in accordance with law, after adhering to the principles of natural justice,

preferably within four months.

6. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.13156 of 2024 is closed. (S.V.G., CJ.) (G.C.S.,J.) 30.04.2024 Index :

Yes/No :

Yes/No kpl To