Thamilarasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.27821 OF 2021 Thamilarasi ... Petitioner .Vs.

1. The District Collector, Salem District, Salem.

2. The District Revenue Officer, Salem District, Salem.

3.

M/s.Hindustan Petroleum Corporation Ltd., Rep. By its Chief Regional Manager, Salem Retail Regional Office, No.395/2, 1st Main Road, New Fairlands, Salem - 636 016.

4. The Divisional Engineer, Construction and Maintenance (C & M), High ways Department, Edappadi, Salem District.

... 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 Petroleum Retail MS/HSD Outlet in S.No.16/2A3, situated at Tharamangalam to Pothanur, Kurukkupatti Village, Omalur Taluk, Salem District so as to enable the petitioner to commencing the dealership as per the Letter of Intent (LOI) dated 05.03.2020.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.K.Karthikeyan R1, R2 & R4 Government Advocate For Respondent R3 : Mr.M.Vijayan

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the Respondents 1 and 2 to issue No Objection Certificate (in short NOC) for the establishment of Petroleum Retail MS/HSD Outlet in S.No.16/2A3, situated at Tharamangalam to Pothanur, Kurukkupatti Village, Omalur Taluk, Salem District so as to enable the petitioner to commence the dealership as per the Letter of Intent (LOI) dated 05.03.2020.

2. When the matter was taken up for hearing, learned counsel for the petitioner submitted that, the issue involved in the present Writ Petition is squarely covered by the order dated 20.10.2021 passed by this Court in W.P.No.15877 of 2021. For better appreciation, relevant portion of the said order is extracted below:

3. The learned counsel for the petitioner placed reliance on the order dated 26.02.2021 passed in W.A.(MD) No.1054 off 2020 in C.M.P. (MD) Nos.5781 and 7151 of 2020 (The Divisional Enginer (C&M), Highways Department, Karur vs. R.Meenakshi and others) and submitted that IRC guidelines are only recommendatory and not mandatory. The learned counsel also relied on the decision of the Honourable Supreme Court in the case of Indian Oil Corporation Limited and others vs. Arti Devi Dangi and another reported in 2016 (15) SCC 480 and also the order passed on 20.10.2020 by this Court in W.P. (MD) No.2895 of 2020. For better appreciation, the relevant paragraphs of the said order are reproduced hereunder:

"4. With regard to the contention of the learned Special Government Pleader appearing for the appellant that the guidelines are mandatory, the learned Single Judge placed reliance on the decision of the Hon-ble Supreme Court in 2016 (15) SCC 480 (Indian Oil Corporation Limited and others vs. Arti Devi Dangi and another), wherein it was held that IRC guidelines are only recommendatory and not mandatory. The same was also reiterated by a Division Bench of this Court in W.P. (MD) No.2895 of 2020, dated 20.10.2020.

5. The learned Single Judge recorded the factual finding after taking into note of the report of the Advocate Commissioner. Further, the finding regarding the non~mandatory nature

of guidelines is based upon the judgment of the Hon-ble Supreme Court as stated supra.

...6. Admittedly, in the present case, no objection was sought not for a State Highway. Thus, in the absence of any contrary material to hold that the findings are not factually correct, we are not inclined to allow this writ appeal. Accordingly, the Writ Appeal stands dismissed"

4. By placing reliance on the above decision, the learned counsel for the petitioner submitted that IRC guidelines are not mandatory and they are only recommendatory. While so, the third and fourth respondents are not justified in not granting No Objection Certificate as sought for by the first respondent.

5. On the above contention, this Court heard the learned standing counsel for the first respondent as well as the Government Counsel for the respondents 2 to 4 and perused the materials placed.

6. The 1st respondent has issued a letter of intent to the petitioner on 05.06.2020. As requested by the first respondent, No Objection Certificate was issued by the Fire and Rescue Services Department, Police Department as well as other Departments. When a similar No Objection Certificate was sought from the third respondent, the third respondent appears to have sought for an inspection report from the fourth respondent. In effect, so far, the third respondent has not granted No Objection Certificate to the first respondent. In this context, in identical case, the first Division Bench of this Court, in the judgment dated 10.08.2021 passed in WP Nos. 34652 of 2019 and 7280 of 2020, following the decision of the Honourable Supreme Court in Indian Oil Corporation Limited and others vs.

Anti Devi Dangi and another, mentioned supra, held that Indian Road Congress guidelines are not mandatory and it is only recommendatory. Therefore, the third respondent is directed to act upon, as per the Judgment passed by the Division Bench of this Court mentioned supra, and pass appropriate orders on the application submitted by the first respondent seeking No Objection Certificate within a period of 4 weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition stands disposed of. No costs.

3. In view of the foregoing, the above Writ Petition is disposed of in terms of the above order passed by this Court dated 20.10.2021 passed in W.P.No.15877 of 2021. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar skt To 1.

The District Collector, Salem District, Salem.

2.

The District Revenue Officer, Salem District, Salem.

3.

The Chief Regional Manager, M/s. Hindustan Petroleum Corporation Ltd., Salem Retail regional Office, No. 395/2, 1st Main Road, New Fairlands, Salem - 636 016.

4.

The Divisional Engineer, Construction and Maintenance (C & M), High ways Department, Edappadi, Salem District.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.69638 +1cc to M/s.King and Partridge, Advocate, S.R.No.69381 +1cc to the Government Pleader, S.R.Nos.69857 & 69756 W.P.No.27821 of 2021 PMK(CO) PBS/09/02/2022