A.Natarajan v. The District Magistrate And District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.18289 of 2025 A.Natarajan ... Petitioner Vs.
1.The District Magistrate and District Collector Salem District, Salem.
2.The Additional District Magistrate and District Revenue Officer Salem District, Salem.
3.The Sub Collector/Revenue Divisional Officer Mettur, Salem District.
4.The Tahsildar Mettur Taluk, Salem District.
5.The Divisional Engineer High Ways Department Construction and Maintenance (C & M) Edappadi, Salem District.
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6.Indian Oil Corporation Limited Represented by its Divisional Retail Head M.D.Kirankumar (Marketing Division) Salem Divisional Office No.234, 1st Floor, NH-7 Salem Bangalore Bypass Road Kondalampatti, Salem 636 010.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue No Objection Certificate /NOC for the establishment of Retail Motor Spirit/HIgh Speed Diesel (MS/HSD) outlet Dealership in Survey Nos.147/5A2, 147/5B, 147/5C1, at Soorappalli Village, (Jalakandapuram to Nagavalli Road), Mettur Taluk, Salem District by considering he petitioner representation dated 04.01.2024 in the light of the order passed by this Court in W.P.(MD).No.23183 of 2022 dated 01.11.2022 and to pass appropriate orders within a limited time frame.
For Petitioner : Mr.A.M.Esakkiappan For Respondents : Mr.S.Senthil Murugan for R1 to R4 Special Government Pleader 2/6
ORDER
This Writ Petition is filed with the prayer to direct the respondents 1 & 2 to issue No Objection Certificate for the establishment of Retail Motor Spirit/HIgh Speed Diesel (MS/HSD) outlet Dealership in Survey Nos.147/5A2, 147/5B, 147/5C1, at Soorappalli Village, (Jalakandapuram to Nagavalli Road), Mettur Taluk, Salem District, by considering the petitioner's representation dated 04.01.2024.
2. When the matter came up for hearing, the learned counsel for the petitioner would submit that all other authorities have already considered the matter. When the petroleum company has already issued a licence, the entire project is not implemented only for want of No Objection Certificate that is pending before the first and second respondents. The learned counsel for the petitioner would further submit that even the second respondent has submitted its report before the first respondent recommending the issue of NOC.
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3. The learned Special Government Pleader by pointing out the similar orders in WP.No.15877 of 2021 etc., would submit the first respondent will consider the matter in accordance with law and pass orders within the time frame that will be fixed by this Court.
4. In view thereof, since the second respondent has also submitted a report, the first respondent shall consider the pending request of NOC of the petitioner, within a period of 8 weeks from the date of receipt of the web copy of the order and pass final orders thereon in accordance with law. Needless to mention that the first respondent shall also keep in mind, the earlier orders that are passed in this regard.
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 30.04.2025 dna 4/6
To 1.The District Magistrate and District Collector Salem District, Salem.
2.The Additional District Magistrate and District Revenue Officer Salem District, Salem.
3.The Sub Collector/Revenue Divisional Officer Mettur, Salem District.
4.The Tahsildar Mettur Taluk, Salem District.
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D.BHARATHA CHAKRAVARTHY , J.
dna and WMP.No.18289 of 2025 30.04.2025 6/6