Ariya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.2615 of 2023 Ariya ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Nagercoil.

3.The Tahsildar, Killiyoor Taluk, 4.The District Environment Engineer, 318/46A, Water Tank Road, 5.The President, Choozhal Village Panchayat, Choozhal, Killiyoor Taluk, 1/4

6.The Divisional Officer, Fire and Rescue Department, 7.The Deputy Director, District Health Director Officer, Krishnankovil, 8.The Divisional Officer, Indian Oil Corporation Limited, Race Course Road, Chokkikulam, Madurai District.

9.Sherlin Sheeba ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 8 not to proceeding with the proposal to set up a new petrol/diesel retail outlet at Sy.No.72/13B, 10A in the Choozhal Village, Killiyoor Taluk, Kanyakumari District.

For Petitioner : Mr.V.M.Balamohan Thampi For Respondents : Mrs.S.Jeyapriya Government Advocate for R1 to R3, R6 & R7 : Mr.S.Vijayakumari Natarajan Standing Counsel for R4 2/4

ORDER

Heard the learned counsel appearing for the writ petitioner.

2. The prayer in the writ petition is that the respondent must not proceed with the petition mentioned proposal to establish a new fuel outlet. The petitioner has come to this Court at a premature stage.

3. Even according to the petitioner, the District Revenue Officer is yet to issue No Objection Certificate. The District Revenue Officer has given notice to the petitioner to appear for enquiry. The petitioner can very well place his case before the second respondent. If any adverse order having legal consequence is passed that affects the petitioner's interest, the petitioner can always come to the Court. At that stage, the Court will examine the petitioner's contention. The writ petition has been prematurely filed.

4. The Writ Petition is dismissed in limini without notice to the respondents. No costs. Consequently, connected miscellaneous petition is closed.

13.02.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Nagercoil.

3.The Tahsildar, Killiyoor Taluk, 4.The President, Choozhal Village Panchayat, Choozhal, Killiyoor Taluk, 5.The Divisional Officer, Fire and Rescue Department, 6.The Deputy Director, District Health Director Officer, Krishnankovil, 13.02.2023 4/4