G.Vijayakumar v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.Nos.11661, 11664 & 11665 of 2023 1.G.Vijayakumar 2.R.A.Sreedharan .. Petitioners Vs 1.The Principal Secretary to Government Highways and Minor Ports (HN-2) Department Fort St.George, Secretariat, Chennai - 600 009. 2.The Chief Engineer (Construction & Maintenance) Highways Department Chennai - 25.
3.The Divisional Engineer Tamil Nadu Highways Department Coimbatore.
4.The Commissioner of Police & Additional District Magistrate Coimbatore City.
5.Nayara Energy Limited (Formerly Essar Oil Limited) 5th Floor, Mayflower Valencia No.336/2, Avinashi Road Nava India, Coimbatore - 641 004.
.. Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 22.10.2022 in Rc.No.V2/7604/21 of the fourth respondent herein, quash the same and consequently direct the 4th respondent herein to grant No Objection Certificate for starting of Petroleum Retail Outlet at Old T.S.No.1105/2, New T.S.No.7180, Puliyakulam Village, Coimbatore South Taluk, Coimbatore. For Petitioners : Mrs.A.L.Gandhimathi, Senior Counsel Assisted by Mr.P.Gopiraja For Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R4 Mr.M.Vijaya Mehanath for M/s.AAV Partners for R5
ORDER
The petitioners are the allottees of licence to open a petrol bunk at Old T.S.No.1105/2, correlated to New T.S.No.7180 at Puliyakulam Village in Coimbatore District, under the fifth respondent. One of the conditions required to be complied by the petitioner is to obtain a NOC from the fourth respondent. The fourth respondent vide his proceedings dated 22.10.2022 refers to IRC guidelines and also G.O.(Ms) No.25 Highways and Minor Ports (HN.2) Department, dated 24.02.2022. The IRC guidelines provide 2/5
for certain norms for opening the petrol bunk. Earlier, these guidelines were considered as non-statutory and may not be binding. But in view of G.O.(Ms) No.25 Highways and Minor Ports (HN.2) Department, dated 24.02.2022, the Government has adopted the said IRC guidelines, with a result it has now got a statutory force.
2. Heard Mrs.A.L.Gandhimathi, learned Senior Counsel assisted by Mr.P.Gopiraja, counsel for the petitioner and the learned Special Goverment Pleader appearing for respondent 1 to 4 and the learned counsel appearing for the fifth respondent.
3. This Court carefully perused the impugned order wherein the fourth respondent has discussed the facts in paragraph Nos.1 to 3, but in the last paragraph, he appears to have outsourced the opinion he is required to formulate from his legal advisor, and has adopted the opinion of the legal advisor which is not permissible. Hence, this Court is constrained to set aside the order of the fourth respondent in Rc.No.V2/7604/21 dated 22.10.2022, and remand the matter back to the fourth respondent for a denovo consideration, and required to make his opinion on proper 3/5
application of mind to the facts.
4. In view of the above, this writ petition stand allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 06.07.2023 Index : Yes / No Speaking order / Non-speaking order ds To:
1.The Principal Secretary to Government Highways and Minor Ports (HN-2) Department Fort St.George, Secretariat, Chennai - 600 009. 2.The Chief Engineer (Construction & Maintenance) Highways Department Chennai - 25.
3.The Divisional Engineer Tamil Nadu Highways Department Coimbatore.
4.The Commissioner of Police & Additional District Magistrate Coimbatore City.
4/5
N.SESHASAYEE.J., ds 06.07.2023 5/5