K.Rangasamy, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.05.2018

CORAM

THE HONOURABLE MR.JUSTICE S.BASKARAN AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.13068 of 2018 & WMP.No.15348 of 2018 K.Rangasamy .. Petitioner

Versus

1.The District Collector, Tiruppur District, Tiruppur.

2 The District Revenue Officer, Tiruppur District, Tiruppur.

3.The Thasildar, Madathukulam Taluk Office, Madathukulam.

4.Territory Manager (retail), Bharath Petroleum Corporation Limited, Coimbatore.

5.The Executive Officer, Komaralingam Town Panchayats, Madathukulam Taluk, Tiruppur District.

6. B.Kesavan .. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents 1 to 3 herein from processing or granting No Objection Certificate to the 6th respondent for setting up a Petrol Bunk in an agricultural land comprised in S.F.122/3A, Udumalpet Road, Komaralingam Town Panchayat, Madathukulam Taluk, Tiruppur District in violation of the order dated 03.07.2015 passed by this Court in W.P.No.19566 of 2015 "Elephant Rajendran vs. The Chief Secretary and others" by considering the petitioner's representation dated 14.05.2018.

For Petitioner : Mr.D.R.Arun Kumar For Respondent : Mr.A.N.Thambidura, Spl.G.P. (for RR1 to 3 & 5)

O R D E R

(Order of the Court was made by RMT.TEEKAA RAMAN, J.,) The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 herein from processing or granting No Objection Certificate to the 6th respondent for setting up a Petrol Bunk in an agricultural land comprised in S.F.122/3A, Udumalpet Road, Komaralingam Town Panchayat, Madathukulam Taluk, Tiruppur District in violation of the order dated 03.07.2015 passed by this Court in W.P.No.19566 of 2015 "Elephant Rajendran vs. The Chief Secretary and others" by considering his representation dated 14.05.2018.

2. Mr.A.N.Thambiurai, learned Special Government Pleader takes notice for the respondents 1 to 3 & 5. Notice to the respondents 4 and 6 is dispensed with.

3. It seems that the petitioner has given a representation to the official respondents on 14.05.2018 to consider the same in the light of the order dated 03.07.2015, in W.P.No.19566 of 2015.

4. Without going into the rival contentions raised by the parties, there shall be a direction to the official respondents to consider the said representation of the petitioner dated 14.05.2018, in the light of the said decision of this Court in W.P.No.19566 of 2015 and pass orders on merits and in accordance with law, after giving an opportunity of hearing to the petitioner and the concerned parties, within a period of two months, from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P. is closed. s/d- Assistant Registrar/V.O True Copy Sub-Assistant Registrar pvs / cs

To 1.The District Collector, Tiruppur District, Tiruppur.

2.The District Revenue Officer, Tiruppur District, Tiruppur.

3.The Thasildar, Madathukulam Taluk Office, Madathukulam.

4.The Executive Officer, Komaralingam Town Panchayats, Madathukulam Taluk, Tiruppur District.

+1 CC to Govt. Pleader sr 34258.

+1 CC to Mr.D. Arunkumar, Advocate sr 34226 W.P.No.13068 of 2018 & WMP.No.15348 of 2018 VGII(CO) SP(04/06/2018)