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Madras High CourtWP/17691/2017disposed of

B.Lakshmikanthan, v. Hindustan Petroleum

2024-03-14Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY B.Lakshmikanthan .. Petitioner Vs 1 Hindustan Petroleum Corporation Limited Coimbatore.

(R1 name amended as per order dt 14.7.2017) 2 The Commissioner Corporation of Coimbatore Coimbatore.

3 The Commissioner of Police Coimbatore.

4 The Joint Chief Controller of Explosives Petroleum and Explosives Safety Organization A & D Wing, 2nd Floor Shastri Bhavan No.26 Haddows Road, Nungambakkam Chennai-600 006.

5 The Member Secretary Coimbatore Local Planning Authority Corporation Commercial Complex Sivananda Colony, Coimbatore-12.

6 The District Fire Station Officer Coimbatore-18.

7 The Inspector of Police Pothanur Police Station Pothanur, Coimbatore District.

8 Sugashini 9 K.Krishnakumar .. Respondents [Respondent No.9 impleaded vide order dated 17.7.2023 made in WMP No.20541 of 2023] Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 2, 3, 4 and 5 herein to take action against the 8th respondent for operating petrol and diesel outlet at Survey No.534 at Kuniamuthur Village, Perur Taluk, Coimbatore District without obtaining proper approval from the competent authorities.

For the Petitioner : Mr.J.Pothiraj for Mr.N.Elumalai For the Respondents : Mr.Vijaya Meghanath for M/s.AAV Partners for respondent No.1 : Mr.K.Magesh for respondent No.2 : Mr.T.K.Saravanan Government Advocate for respondent Nos.3, 5 to 7 : Mr.K.Gunasekar for respondent No.4

: Mr.S.Saravanan for respondent No.8 : Mr.A.Deivasigamani for respondent No.9

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.J.Pothiraj, learned counsel appearing for Mr.N.Elumalai, learned counsel for the petitioner; Mr.Vijay Meghanath, learned counsel appearing for M/s.AAV Partners, learned counsel for the first respondent; Mr.K.Magesh, learned counsel for the second respondent; Mr.T.K.Saravanan, learned Government Advocate for respondents 3, 5 to 7; Mr.K.Gunasekar, learned counsel for the fourth respondent; Mr.S.Saravanan, learned counsel for the eighth respondent; and, Mr.A.Deivasigamani, learned counsel for the ninth respondent.

2. Learned Government Advocate submits that a lock and seal notice has been issued to respondents 8 and 9 on 12.3.2024.

3. Learned counsel for the ninth respondent submits that an appeal has been filed by the ninth respondent against the lock and seal notice before the State Government.

4. Be that as it may, as action has now been taken by the respondent authorities, the purpose of the writ petition stands served. The further process in accordance with law be undertaken. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.19198 of 2017 is closed.

(S.V.G., CJ.) (D.B.C., J.) 14.03.2024 Index :

Yes/No Yes/No sasi

To 1 The Commissioner Corporation of Coimbatore Coimbatore 2 The Commissioner of Police Coimbatore 3 The Joint Chief Controller of Explosives Petroleum and Explosives Safety Organization A & D Wing, 2nd Floor Shastri Bhavan No.26 Haddows Road, Nungambakkam Chennai-600 006 4 The Member Secretary Coimbatore Local Planning Authority Corporation Commercial Complex Sivananda Colony, Coimbatore-12 5 The District Fire Station Officer Coimbatore-18 6 The Inspector of Police Pothanur Police Station Pothanur, Coimbatore District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 14.03.2024