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Madras High CourtWP/733/2026allowed

Geetha G v. The District Magistrate

2026-01-09Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Geetha G ... Petitioner Vs.

1.The District Magistrate Government of Pondicherry Puducherry 605001.

2.The Development Commissioner Cum Secretary(Revenue) II Floor, Chief Secretariat Puducherry.

3.M/s.Hindustan Petroleum Corporation(limited) Rep. by authorised person Trichy Retail Regional Office No.90 II Floor, MSDR Enclave Bharathidasan Road, Cantonment Trichy 620001.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to dispose the appeal dated 17.02.2025 preferred by the 3rd respondent.

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For Petitioner : Mr.P.N.Vignesh For Respondents : M/s.V.Vasantha Kumar, AGP (P) for R.1 and R.2 : Mr.Mohamed Fayaz Ali, Standing Counsel for R.3,

O R D E R

This writ petition has been filed for the following relief:- "directing the 1st and 2nd respondents to dispose the appeal dated 17.02.2025 preferred by the 3rd respondent."

2. The petitioner's case is that she was selected by the 3rd respondent to set up an MS/HSD retail outlet at R.S. No. 140/2B/2 of Karuvadikuppam Revenue Village and R.S. No. 223/1A/1A/10 of Saram Revenue Village, Oulgaret Taluk, Puducherry. In this regard, a Letter of Intent dated 23.01.2024 was issued by the 3rd respondent to the petitioner.

3. On 23.01.2024, the 3rd respondent had submitted an application to the 1st respondent seeking a No Objection Certificate under Rule 144 of the Petroleum Rules, 2002, for setting up MS/HSD retail outlet at the abovesaid locations. After conducting an inspection of the premises, the Deputy Collector (Revenue)-cum-Sub Divisional Magistrate (North), Puducherry, recommended the issuance of a No Objection Certificate. However, the 1st 2/5

respondent, vide order dated 10.02.2025, rejected the application for grant of No Objection Certificate without considering the said recommendation and the explanations submitted by the petitioner and the 3rd respondent during the enquiry conducted on 11.11.2024. Aggrieved by the same, the 3rd respondent preferred an appeal on 17.02.2025 under Rule 154 of the Petroleum Rules, 2002. However, the said appeal has not been disposed of to date. Hence, the present Writ Petition.

4. Heard the learned counsel on either side and perused the records.

5. Considering the limited request of the petitioner and also taking into account the fact that the Appeal dated 17.02.2025 has not been disposed of to date, this Writ Petition is allowed. The respondents 1 and 2 are directed to dispose of the Appeal dated 17.02.2025 on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. No costs.

09.01.2026 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The District Magistrate Government of Pondicherry Puducherry 605001.

2.The Development Commissioner Cum Secretary(revenue) II Floor, Chief Secretariat Puducherry.

3.M/s.Hindustan Petroleum Corporation(limited) Rep. by authorised person Trichy Retail Regional Office No.90 II Floor, MSDR Enclave Bharathidasan Road, Cantonment Trichy 620001.

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P.T. ASHA . J., (shr) .01.2026 5/5