Selvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2024

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN AND W.M.P.No.15733 of 2024 Selvaraj

...Petitioner

versus 1.The District Collector, Namakkal District.

2.The Deputy Superintendent of Police, 3.The District Revenue Officer, Namakkal District.

4.The Revenue Divisional Officer, 5.The Tahsildar, 1/6

6.The Station Officer, Fire Service and Rescue, 7.The Chairman and Managing Director, Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai-400 001.

8.The Director (Marketing) Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai-400 001.

9.The Deputy General Manager, Bharat Petroleum Corporation Limited, South Regional Gardens, Post Box No.1212 & 1213, Anna Nagar, Chennai-600 040.

10.Karunakaran 11.K.Naresh 12.M.Ezhil Kumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, to forbear the respondents 1 to 6 from in any way allow the 12th respondent or any one claiming or acting on his behalf either to open or run any petrol bunk or any retail outlet dealing with petroleum products or to function any other outlet selling petrol and diesel either under the dealership of respondents 7 to 9 or under any other dealer in S No 130/2B Unjanai Village, bearing Patta No.2335, Tiruchengode Taluk, Namkkal District admeasuring of 30.27 Cents 2/6

(1225 Sq Mtrs) based on petitioner's representation dated 25.04.2024 & 21.05.2024 and grant such other suitable reliefs. For the Petitioner :Mr.A.M.Amutha Ganesh For the Respondents :Mr.R.Karthick Jagannathan for R1 to R6 Ms.D.Jeevitha for R Nalliappan for R12

ORDER

(Order of the Court was made by SATHYA NARAYANA PRASAD, J.) The petitioner has filed this writ petition seeking a mandamus to the respondents 1 to 6 to consider his representation dated 25.04.2024 and 21.05.2024.

2. It is seen that the petitioner has submitted a representation on 25.04.2024 followed by another representation on 21.05.2024, requesting the officials concerned, not to grant permission or license to the Bharat Petroleum Corporation Ltd. to run a petrol bunk in the property viz., 3/6

S.No.130/2B, Unjanai village, Tiruchengode Taluk and thereafter, the petitioner has filed the present writ petition with the above prayer.

3. Heard Mr.A.M.Amutha Ganesh, learned counsel for the petitioner; Mr.K.Karthick Jagannathan, learned Government Advocate, who takes notice for the respondents 1 to 6 and Ms.D.Jeevitha, learned counsel appearing for the 12th respondent and perused the materials available on record.

4. The learned Government Advocate, on written instructions from the 3rd respondent/District Revenue Officer, Namakkal, submitted that the application submitted by the Bharat Petroleum Corporation Ltd. has been forwarded to the Superintendent of Police, Namakkal, Divisional Engineer (Highways), Namakkal, Revenue Divisional Officer, Tiruchengode/ 4th respondent and the District Fire Officer, Namakkal, for offering their remarks and the same is yet to be received. He further submitted that the objections raised by the petitioner would be considered as per rule. 4/6

5. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the 3rd respondent/ District Revenue Officer, Namakkal, to consider the petitioner's representations dated 25.04.2024 and 21.05.2024, after hearing both the parties and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. [J.S.N.P., J.] [V.L.N., J.] 29.05.2024 Index : Yes/No mrn/gya J.SATHYA NARAYANA PRASAD, J.

and 5/6

V. LAKSHMINARAYANAN, J.

(mrn/gya) To 1.The District Collector, Namakkal District.

2.The Deputy Superintendent of Police, 3.The District Revenue Officer, Namakkal District.

4.The Revenue Divisional Officer, 5.The Tahsildar, 6.The Station Officer, Fire Service and Rescue, 29.05.2024 6/6