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Madras High CourtWP/14201/2022disposed of

P.Shankar v. The District Revenue Officer

2024-07-11Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2686

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH & WMP.No.13436 of 2022 P.Shankar .... Petitioner Vs 1.The District Revenue Officer, Tiruvarur District.

2.Controller of Explosives, Petroleum and Explosives Safety Organization (PESO) A & D WING, BLOCK 1-8, 2nd Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.

3.S.Samrat ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 16.04.2022 and to cancel the no objection certificate issued to the 3rd respondent to operate a Petrol retail outlet in the property comprised in S.No.360/B1, 360/B2, 1/4

No.3, situated in Vaduvur Thenpathi, Tiruvarur District, as it is located within 300 meter from the Petrol outlet run by the petitioner and situated within 30 meters from a water body.

For Petitioner : Mr.A.Vinothraj For Respondents : Mr.U.Bharanidharan (for R1) Additional Government Pleader No Appearance (for R2 & R3)

O R D E R

The petitioner's prayer is for a mandamus directing the 1st respondent/the District Revenue Officer, Tiruvarur District to consider the petitioner's representation dated 16.04.2022, wherein the petitioner seeks cancellation of no objection certificate issued to the 3rd respondent, a private party operating a petrol retail outlet.

2. Mr.U.Bharanidharan, learned Additional Government Pleader for R1, on instructions, would accede to the position that representation dated 16.04.2022 is still pending.

3. Hence, mandamus is issued to R1 to hear the petitioner as well as R3 and dispose representation dated 16.04.2022 within a period of four (4) weeks from date of receipt of a copy of this order in accordance with law.

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4. This writ petition is disposed in the above terms. No costs. Connected miscellaneous petition is closed.

11.07.2024 Index:Yes/No Speaking order:Yes mpl To 1.The District Revenue Officer, Tiruvarur District.

2.Controller of Explosives, Petroleum and Explosives Safety Organization (PESO) A & D WING, BLOCK 1-8, 2nd Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.

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Dr.ANITA SUMANTH,J.

mpl & WMP.No.13436 of 2022 11.07.2024 4/4