N.Balaji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD N.Balaji .. Petitioner

Versus

1. The District Collector,

2. The District Revenue Officer, District Revenue Office Complex,

3. District Superintendent of Police, Coimbatore District,

4. Assistant Divisional Engineer, State Highways Department,

5. The District Fire Officer, Fire Services & Rescue Department, Fire Services Office, Coimbatore.

6. Chief Controller of Explosives, A and D Wing, Block 1 - 8, 1/5

Shastri Bhavan, No.6, Haddows Road, Nungambakkam, Chennai - 600 006.

7. The Area Manager, Indian Oil Corporation Ltd., Coimbatore Divisional Officer, No.8/1079, Avinashi Road, Coimbatore - 641 018.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents 1 to 6 from granting No Objection Certificate / License / Approval etc., permitting the 7th respondent to open and operate a New Road-side Petroleum Retail Outlet/Bunk adjacent to Coimbatore Central Bus Stand, Gandhipuram, on Perundurai - Coimbatore State Highway.

For Petitioner : Mr.B.Harikrishnan For Respondents : Mr.K.Karthik Jegannath, Government Advocate for RR-1 to 5

ORDER

(Order of the Court is made by the Hon'ble Chief Justice) Learned Counsel for the petitioner submits that the proposed site for petroleum bunk is adjacent to the Coimbatore Bus Stand, Gandhipuram on Perundurai - Coimbatore State Highway. The same is not permissible.

2. We asked the learned Counsel for the petitioner whether any No Objection Certificate or license or permission is granted. The learned 2/5

Counsel answers in the negative and submits that the respondents may grant permission.

3. The petition is premature. It is presumed that the official acts would be properly done. In case, No Objection or license or permission is granted against the rules, then, the aggrieved person may agitate in respect of the same.

4. This Writ Petition is accordingly disposed of. There shall be no order as to costs. Consequently, W.MP.No.27662 of 2022 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector,

2. The District Revenue Officer, District Revenue Office Complex,

3. District Superintendent of Police, Coimbatore District, 3/5

4. Assistant Divisional Engineer, State Highways Department,

5. The District Fire Officer, Fire Services & Rescue Department, Fire Services Office, Coimbatore.

6. Chief Controller of Explosives, A and D Wing, Block 1 - 8, Shastri Bhavan, No.6, Haddows Road, Nungambakkam, Chennai - 600 006.

4/5

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

grs 01.04.2024 5/5