Raja, v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12-04-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP No.19577 of 2023 R.Prakash .. Petitioner -vs1.The General Manager-South Zone, 4th Floor, Thalamuthu Natarajan Building, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Senior Regional Manager, Trichy Regional Office,
3.M/s.Head of Divisional Retail Sales Manager, [Regional Office], 4.The Additional District Magistrate and District Revenue Officer, Cuddalore.
5.A.Soundar .. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to forbear the respondents from establishing a New Road Side Petroleum Retail Outlet at Survey No.367/7A and 367/7B at Periyanesalur Village, Veppur Taluk, Cuddalore District.
For Petitioner :
Mr.R.Nalliyappan For Respondents-1 to 3 :
Mr.Mohammed Fayaz Ali For Respondent-4 :
Mr.K.Surendran, Additional Government Pleader.
For Respondent-5 :
No Appearance
O R D E R
The present writ petition has been instituted forbearing the respondents from establishing a New Road Side Petroleum Retail Outlet at Survey No.367/7A and 367/7B at Periyanesalur Village, Veppur Taluk, Cuddalore District.
2. Admittedly, the petitioner is running Petroleum Retail Outlet through the Indian Oil Corporation (IOC). The Hindustan Petroleum Corporation has issued Notification for appointment of Retail Outlet Dealer in that locality.
3. The grievance of the writ petitioner is that the Retail Outlet has been installed adjacent to his Petroleum Retail Outlet, which is impermissible as per the guidelines issued.
4. The learned counsel for the petitioner would submit that the distance criteria fixed in the Government Order has been violated. However, the fact remains that No Objection Certificate (NOC) has already been issued. More-so the petitioner has not participated in the selection process and as per the Notification, the petitioner admittedly is a third party and running separate Petroleum Retail Outlet in that locality. He has not challenged the NOC.
5. The learned counsel for the respondents 1 to 3 and the learned Additional Government Pleader for the fourth respondent, would submit that on account of business competition, the present writ petition has been instituted. If at all any statutory violations are committed or noticed/identified, the petitioner is at liberty to approach the Competent Forum.
6. With the above liberty, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed. 12-04-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The General Manager-South Zone, 4th Floor, Thalamuthu Natarajan Building, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Senior Regional Manager, Trichy Regional Office,
S.M.SUBRAMANIAM, J.
Svn 3.M/s.Head of Divisional Retail Sales Manager, [Regional Office], 4.The Additional District Magistrate and District Revenue Officer, Cuddalore.
WP 20257 of 2023 12-04-2024