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Madras High CourtWP/11347/2024disposed of

Mr.J.Velu v. The District Collector / Appellate Authority

2024-04-25Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11347 of 2024 J.Velu ... Petitioner Vs.

The District Collector/Appellate Authority, District Collector Office, Salem - 636 001.

Salem District.

... Respondent Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the respondent to Issue No objection certificate for issuance of license to the petitioner for Retail Outlet (RO) Dealership Chinnathirupathi to Karuvalli outlet in S.No. 152/2B1 Marakkottai Village Kadaiyampatti, Taluk, Salem District and by considering an Appeal made by the petitioner dated 19.02.2024, fixing outer time limit. For Petitioner : Mr.P. Ganesan For Respondent : Mr.U.Baranidharan Additional Government Pleader Page No.1 of 4

O R D E R

The order passed by the District Revenue Officer under the Petroleum Rules in proceeding dated 04.12.2023 was taken by way of an appeal before the District Collector by the writ petitioner dated 19.02.2024. 2.

Mr.P. Ganesan, learned Counsel appearing on behalf of the petitioner would submit that the appeal is yet to be disposed of. 3.

Mr.U.Baranidharan, learned Additional Government Pleader appearing on behalf of the respondent would oppose by stating that the petitioner has not fulfilled the conditions as per G.O.(MS)No.25 dated 24.02.2022.

4.

Since the petitioner has not fulfilled the conditions as per the Government Order, his case was rejected by the Revenue Divisional Officer. However, the petitioner preferred an appeal before the District Collector, who in turn bound to conduct an enquiry by affording opportunity to the parties and decide the case on merits and pass speaking order in the manner known Page No.2 of 4

to law.

5.

In view of the facts and circumstances, the respondent is directed to consider the statutory appeal filed by the petitioner on 19.02.2024 and pass orders on merits and in accordance with law by following the due process. 6.

The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs. 25.04.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To The District Collector/Appellate Authority, District Collector Office, Salem - 636 001.

Salem District.

S.M.SUBRAMANIAM,J.

Page No.3 of 4

veda W.P. No.11347 of 2024 25.04.2024 Page No.4 of 4