M/S.Confidence Petroleum v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.44166 of 2016 and W.M.P.No.37996 of 2016 M/s.Confidence Petroleum India Limited, rep. by its Sales Manager N.Murugan, S.No.138/6, V No.65, Sembium - Red Hills Road, Perambur, Chennai District.

... Petitioner -Vs1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The Regional Deputy Commissioner (Central), Greater Chennai Corporation, Region Central, Enforcement Department, Chennai-3.

3. The Executive Engineer, T.P. Enforcement, Regional Office - Central, Second Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai-600 030.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents from taking any coercive action to lock and seal the Auto LPG Dispensing Station at S.No.138/6, V No.65, Sembium - Red Hills Road, Kolathur Taluk, Perambur, Chennai District pending consideration of the application for planning permission dated 0.11.2016 filed as per the order dated 05.08.2016 passed by the first respondent.

For Petitioner :

Mr.N.Manokaran For Respondents :

Ms.Vasudha Thiyagarajan Additional Government Pleader for R1 Mr.V.C.Selvasekaran for R2 & R3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The planning permission request of the petitioner has been returned on the ground that patta, parent documents and encumbrance certificate have not been enclosed. The learned counsel for the petitioner states that their predecessor-intitle are seeking to obtain one document. We are inclined to grant one month's time to obtain the document. The complete application may thus be re-submitted within six weeks thereafter for consideration by the respondent authorities and decision be taken on the same within a period of four weeks thereafter.

2. The continuation of the petitioner on the site would in turn dependent on the result of the aforesaid exercise. However, in the mean time, the status quo order granted on 23.12.2016 would continue to enure for the benefit of the petitioner.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.37996 of 2016 is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bbr To

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The Regional Deputy Commissioner (Central), Greater Chennai Corporation, Region Central, Enforcement Department, Chennai-3.

3. The Executive Engineer, T.P.Enforcement, Regional Office - Central, Second Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai-600 030.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.7926 W.P.No.44166 of 2016 SV(CO) CA(14/02/2017)