Madras High CourtWP/30266/2025disposed of with direction

Murali Trading Company v. The Union Territory Of Puducherry

2025-11-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.33951 and 47509 of 2025 Murali Trading Company, A Partnership Firm, Represented by its Partner Sreesanth K.P.

Having Office at Naluthara, Palloor, Mahe, Puducherry - 673 310.

... Petitioner Vs.

1 THE UNION TERRITORY OF PUDUCHERRY REPRESENTED BY THE DISTRICT COLLECTOR PUDUCHERRY.

2 THE REGIONAL ADMINISTRATOR MAHE, PUDUCHERRY.

3 M/S.PARAMOUNT PETROLEUM A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER JINAS THAMMATTAN RE-SURVEY NO.-18/4-B, PALLOOR VILLAGE, MAHE TALUK, MAHE DISTRICT, PUDUCHERRY - 670 672.

4 RIYAS PP 1/6

5 MANGALORE REFINERY AND PETROCHEMICAL LIMITED, REPRESENTED BY ITS AUTHORISED SIGNATORY, TRICHY SALES AREA, 3rd FLOOR, BOMBAY MUTUAL BUILDING, 232, NSC BOSE ROAD, PARRYS, CHENNAI - 600 001.

6 RELIANCE BP MOBILITY LIMITED, REPRESENTED BY ITS AUTHORISED SIGNATORY, 1st FLOOR, CHANDRIKA CHAMBERS, SA ROAD, VYTTILA JUNCTION, COCHIN, KERALA - 682 019.

(R5, R6 SUO MOTU IMPLEADED VIDE ORDER DATED 11.08.2025 MADE IN WP.30266/2025 BY NAVJ) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 and 2 from according approval to the proposed retail petroleum outlet of respondents 3 and 4 in violation of the norms/ guidelines for establishment of fuel stations dated 26.06.2020 issued by the MORTH, Government of India by considering the petitioner's representation dated 18.07.2025.

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For Petitioner : Mr.Sharath Chandran For Respondents : Mrs.V.Usha for R1 and R2 Additional Government Pleader (P) Mr.R.Natarajan for R3 Mr.K.Raja Srinivas for R4 Mr.Navod Prasannan for R5 Mr.C.Mohan, Ms.A.Rexy Josephine Mary for R6 for M/s.King and Partridge

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus forbearing the respondents 1 and 2 from according approval to the proposed retail petroleum outlet of respondents 3 and 4 in violation of the norms/ guidelines for establishment of fuel stations dated 26.06.2020 issued by the MORTH, Government of India by considering the petitioner's representation dated 18.07.2025. 2.The learned counsel appearing for the petitioner submitted that the petitioner is a partnership firm and a licensed petroleum dealer for the petroleum products of the Indian Oil Corporation. The petitioner's petroleum outlet is located in the Paral Chokli Road, Mahe District and the said road is classified as a Major District Road. The third respondent has made an application for grant of petroleum 3/6

dealership license to the first respondent for establishing a petrol station exactly opposite to the petroleum outlet of the petitioner. Similarly, another application is made by the fourth respondent for grant of petroleum dealership license to the first respondent for establishing a petrol station at a plot adjacent to the petitioner at a distance of about 97 metres.

3.The learned counsel appearing for the petitioner further submitted that the petitioner made detailed representation dated 18.07.2025 to the first respondent seeking immediate revocation or review of the new outlet approvals being granted in contravention of CPWD guidelines; a formal inquiry into the process by which the new permissions were sanctioned; and a moratorium on further fuel outlet licenses in Mahe until a clear distance policy is publicly re-affirmed and enforced, however, there is no response. Hence, this Court may without going into the merits of the case, issue direction to the first respondent to consider the petitioner's representation and to pass appropriate orders within a reasonable time frame. 4.Considering the limited relief now sought for by the learned counsel appearing for the petitioner, this Court without expressing any 4/6

opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 18.07.2025, on merits and in accordance with law and to pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 19.11.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE UNION TERRITORY OF PUDUCHERRY REPRESENTED BY THE DISTRICT COLLECTOR PUDUCHERRY.

2 THE REGIONAL ADMINISTRATOR MAHE, PUDUCHERRY.

3 M/S.PARAMOUNT PETROLEUM A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER JINAS THAMMATTAN RE-SURVEY NO.-18/4-B, PALLOOR VILLAGE, MAHE TALUK, MAHE DISTRICT, PUDUCHERRY - 670 672.

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M.DHANDAPANI,J.

pri 4 MANGALORE REFINERY AND PETROCHEMICAL LIMITED, REPRESENTED BY ITS AUTHORISED SIGNATORY, TRICHY SALES AREA, 3rd FLOOR, BOMBAY MUTUAL BUILDING, 232, NSC BOSE ROAD, PARRYS, CHENNAI - 600 001.

5 RELIANCE BP MOBILITY LIMITED, REPRESENTED BY ITS AUTHORISED SIGNATORY, 1st FLOOR, CHANDRIKA CHAMBERS, SA ROAD, VYTTILA JUNCTION, COCHIN, KERALA - 682 019.

And W.M.P.Nos.33951 and 47509 of 2025 19.11.2025 6/6