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Madras High CourtWP/24627/2024disposed of with direction

Marappan v. The District Collector

2024-08-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Marappan ... Petitioner Vs.

1. The District Collector, Erode District, Erode-638 011.

2.The District Revenue Officer, Collector Office Buildings, Erode-638 011.

3.The Thasildar, Erode Taluk, Erode District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents not to grant No Objection Certificate for commencing Petrol/Diesel Retail Outlet Bunk proposed to be located at Survey Nos.120/2B and 124/5B and 124/6B2B (Agricultural lands) in Attayampatti Village, based on the

representation of the petitioner dated 15.08.2024. For Petitioner :

Mr.P.Kannan Kumar For Respondents :

Mr.K.Yogesh Kannadasan Special Government Pleader for R1 to R3

O R D E R

This Writ Petition has been filed seeking for a Mandamus to direct the respondents not to grant No Objection Certificate for commencing Petrol/Diesel Retail Outlet Bunk proposed to be located at Survey Nos.120/2B and 124/5B and 124/6B2B (Agricultural lands) in Attayampatti Village, based on the representation of the petitioner dated 15.08.2024.

2. The learned counsel appearing for the petitioner submits that some private persons are planning to establish a Petrol Bunk in Attayampalayam Privu in Survey Nos.120/2B, 124/5B and 124/6B2B in Erode Taluk, however, the said area is classified as agricultural zone and commercial activities cannot be carried out. Therefore, the petitioner has

made a representation on 15.08.2024 to the respondents, however, the respondents have not passed any order. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submits that it would suffice, if the respondents are directed to consider the representation of the petitioner dated 15.08.2024 within a time fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 submits that without giving any particulars regarding the applications made by the other persons for issuance of No-Objection Certificate and without impleading the necessary parties, the petitioner has filed the present writ petition. When there are applications for issuance of No-Objection Certificate to establish a Petrol Bunk, necessary notice will be issued to the concerned parties including the petitioner and thereafter, appropriate orders will be passed.

5. Considering the submissions made by both sides, the second respondent is directed to consider the representation of the petitioner dated 15.08.2024 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, after providing sufficient opportunity to the petitioner and the necessary parties.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

23.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. The District Collector, Erode District, Erode-638 011.

2.The District Revenue Officer, Collector Office Buildings, Erode-638 011.

3.The Thasildar, Erode Taluk, Erode District.

M.DHANDAPANI, J.

ssb 23.08.2024