Madras High CourtWP/43134/2016dismissed

Kondamuri Sri Hari Kusuma v. Union Of India, Rep By Its

2016-12-12Honourable The Chief Justice,Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.43134 of 2016 and W.M.P.No.36979 of 2016 Kondamuri Sri Hari Kusuma Kumar .. Petitioner -vs1.Union of India, rep. by its Secretary to Government, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi-110 001.

2.The Chief Secretary, Puducherry.

3.The Chairman, Puducherry Coastal Zone Management Authority, Department of Science, Technology and Environment, 3rd Floor, Pondicherry Housing Board, Anna Nagar, Puducherry - 605 005.

4.The Collector, Puducherry.

5.Puducherry Town and Country Planning Board, Puducherry.

6.The Regional Administrator/Sub Divisional Magistrate, Yanam, Puducherry Union.

7.The Chairman, Yanam Planning Authority, Yanam.

8.The Executive Engineer, Public Works Department, Yanam.

9.The Junior Town Planner, Town and Country Planning Department, Yanam-533 464.

10.The Deputy Tahsildar/Deputy Surveyor, Survey Department Unit, Department of Revenue and Disaster Management, Sub Taluk Office, Yanam.

11.The Joint Chief Controller of Explosives, A & D Wing, Block 1-8, II Floor, Sastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.

12.The Divisional Manager, Essar Oil Ltd., Vijayawada, Andhra pradesh.

13.The Territory Manager(Retail) Bharat Petroleum Corporation Ltd., Visakha Retail Territory, P.B.Non.213, Near Dhanna Reddy Godowns, opp.Andhra Petro Chemicals, Po-Naval base, Vishakapatnam-530 014.

.. Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents from permitting or proceeding with construction and erection of petroleum retail outlet by the respondents 12 and 13 to locate retail outlet to establish MS (Petrol) & HSD (Diesel) Retail Outlet at Flood Bank Road, (Dariyalatippa/Adavipolam village, Yanam For Petitioners :

Mr.V.Elangovan For Respondents :

Mr.Syed Musthafa Govt. Pleader (Pondy)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, we are not inclined to entertain the public interest litigation on the subject where a particular petrol bunk should be located, as long it had obtained the requisite permissions as required under law, which naturally, they would be expected to obtain.

2. The writ petition is dismissed. No costs. Consequently, W.M.P.No.36979 of 2016 is also dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To 1.The Secretary to Government, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi-110 001.