Greenleaf Agencies v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.26555 of 2021 Green leaf Agencies, Rep. By its Managing Partner, P.Dhamodaran S/o.K.Palanisamy, 2/94, Kumarapalayam, Sokkanur, Avinashi Taluk, Tiruppur District.

......Petitioner vs.

1. The District Revenue Officer, Tiruppur District, Tiruppur.

2. The Divisional Engineer (C & M) Highways Department, Tiruppur.

3. M/s.Shell India Markets Private Limited, Second Floor, Campus 4A, RMZ Millenis Business Park, 143, Dr.MGR Road, Perungudi, Chennai-96.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction or Writ and in particular Writ in the nature of a Writ of Mandamus, directing the first respondent to complete the enquiry and pass orders on the application made by the first respondent dated 30.10.2020 ref;116/Shell/TN/NOC/2020 for grant of No Objection Certificate for setting up of a retail outlet at Survey Nos.234 Ettiveerampalayam Village, Avinashi Taluk, Tiruppur District without insisting for NOC from the second respondent within a period as specified by this Court.

For Petitioner : Mr. V.Anandhamurthy For Respondents : Mr. P.Gurunathan Addl. Government Pleader

ORDER

The petitioner has filed this petition seeking issuance of Writ of Mandamus directing the first respondent to complete the enquiry and pass orders on the application made by the first respondent dated 30.10.2020 ref;116/Shell/TN/NOC/2020 for grant of No Objection Certificate for setting up of a retail outlet at Survey Nos.234 Ettiveerampalayam Village, Avinashi Taluk, Tiruppur District without insisting for NOC from the second respondent within a period as specified by this Court.

2. The case of the petitioner is that the petitioner intended to establish a new petroleum outlet in his land, for which he made application to the Petrolium Authorities. In turn, the said authorities directed the petitioner to produce No Objection Certificate from the revenue officials. The petitioner made a representation before the respondents 1 &2 on 30.10.2020 for getting NOC and however, there is no response from the respondents. Hence, the present Writ Petition has been filed seeking for the above said relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the Respondents to consider the petitioner's representation dated 30.11.2020 within the time frame as fixed by this Court.

4. The learned Additional Government Pleader submits that the petitioner's representation dated 30.11.2020 will be considered by the Respondent in accordance with law within the time frame fixed by this Court.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the Respondents 1 & 2 to consider the petitioner's representation dated 30.10.2020 and pass 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.

6. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rli

To

1. The District Revenue Officer, Tiruppur District, Tiruppur.

2. The Divisional Engineer (C & M) Highways Department, Tiruppur.

+1 cc to Mr.V.Anandhamurthy, Advocate Sr.NO. 66474 +1 cc to Government Pleader Sr.NO. 67463 W.P.No.26555 of 2021 KSM(CO) A.SK(20.01.2022)