N.S.Ramesh v. The District Collector
2025:MHC:2081
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH N.S.Ramesh Petitioner(s) Vs 1.The District Collector District Collectorate, Thiruvallur District.
2.The District Revenue Officer Thiruvallur District, Thiruvallur.
3.M/s.Bharath Petroleum Corporation Ltd, Rep By Authorized Agent, 35, Vaithiyanathan Street, Tondiarpet, Chennai 81.
4.Gunamma Respondent(s) PRAYER Calling for records of the 2nd respondent dated 19.05.2025 vide Na.Ka.No. 1599243/2023/M.3 and quash the same as unconstitutional and illegal thereby Page No.1 of 6
consequentially direct the respondents to grant No objection certificate for setting up a Petrol retail Outlet in S.No.61/3, 61/4 and 61/5 situated at Egumadurai Village, Gummidipoondi Taluk, Tiruvallur District to the extent of 0.31.5 Ares.
For Petitioner(s):
Mr.Harikrishnan For Mr.E.Prabu For Respondent(s):
Mr.G.Velu, AFP For R1 & R2 Mr.P.Dhananjayan For R4
ORDER
This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 19.05.2025 and for a consequential direction to the 2 nd respondent to grant No objection Certificate (NOC) in order to enable the petitioner to set up a petroleum retail outlet in the subject property.
2. Heard Mr.Harikrishnan, learned counsel for the petitioner, Mr.G.Velu, learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.P.Dhananjayan, learned counsel for the 4 th respondent.
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3. The petitioner applied and obtained an allotment from the 3 rd respondent for establishing a petrol retail outlet in the subject property. The petitioner sought for No Objection Certificate (NOC) from the 2 nd respondent.
The same has been refused by the 2 nd respondent on the ground that the 4 th respondent has filed a suit for partition in O.S.No.453 of 2023, which is currently pending. Aggrieved by this refusal, the petitioner has filed the present writ petition before this Court.
4. When the matter was taken up for hearing today, written instructions received from the 2 nd respondent was placed before this Court. The 2 nd respondent has stated that since the partition suit filed by the 4 th respondent is pending, No Objection Certificate (NOC) was not given to the petitioner. Instead, the petitioner was directed to obtain No Objection Certificate (NOC) from the 4 th respondent.
5. In the considered view of this Court, Rule 144 of the Petroleum Rules, 2002 governs the field. If the No Objection Certificate (NOC) is rejected, the Page No.3 of 6
reason has to be traced only from the clauses provided under Rule 144. Just because a partition suit has been filed by the 4 th respondent seeking for a share in the property, that is not a valid ground for rejecting grant of No Objection Certificate (NOC) to the petitioner. This is in view of the fact that the 4 th respondent has not obtained any restraint order against the petitioner from utilizing the property. Ultimately, if the 4 th respondent is awarded a share in the property, such a share will enure in favour of the 4 th respondent along with whatever developments that have taken place over the property.
6. In light of the above discussion, this Court finds that the reason assigned by the 2 nd respondent for the rejection of No Objection Certificate (NOC) is unsustainable and the same is liable to be interfered. Accordingly, the proceedings of the 2 nd respondent dated 19.05.2025 is set aside and there shall be a direction to the 2 nd respondent to grant No Objection Certificate (NOC) to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. Insofar as the private dispute between the petitioner and the th respondent is concerned, the present order passed in the writ petition will Page No.4 of 6
have no bearing and it will be dealt with by the concerned Court on its own merits and in accordance with law.
7. In result, this Writ Petition is allowed with the above directions. No costs.
20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To 1.The District Collector District Collectorate, Thiruvallur District 2.The District Revenue Officer Thiruvallur District, Thiruvallur Page No.5 of 6
N.ANAND VENKATESH J.
Jeni 20-08-2025 Page No.6 of 6