V.S.B.Engineering College, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13626 of 2019 V.S.B.Engineering College, Rep.by its Secretary, Mr.B.Vijay, No.67, Karudayampalayam Post, Karur District-639 111.

...Petitioner

-Vs1.The District Collector, Karur District, Karur.

2.District Revenue Officer, Karur District, Karur-639 007.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to issue No Objection Certificate in favour of the petitioner for commissioning the petroleum class "B" Consumer Pump at Plot No.108/4, 107/2A, 2B, 2C NH 67 Covai Road, Karudayampalayam Post, Karur District-639 111 within a time frame as fixed by this Court. For Petitioner : Mr.G.Prabahari For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to issue 'No Objection Certificate' in favour of the petitioner for commissioning the petroleum class "B" Consumer Pump at Plot No.108/4, 107/2A, 2B, 2C NH 67 Kovai Road, Karudayampalayam Post, Karur District-639 111 within a time frame as fixed by this Court.

2.Heard Mr.G.Prabahari, learned counsel for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.In order to get No Objection Certificate for establishing the petroleum Class "B" Consumer Pump at Plot No.108/4, 107/2A, 2B, 2C NH 67 Kovai Road, Karudayampalayam Post, Karur District, the petitioner made an application to the respondents and the power to grant No Objection Certificate is vested with the first respondent, since it has been exercised by the second respondent, he has to pass the said order.

4.I have heard the learned Government Advocate appearing for the respondents, who, by relying upon the averments made in the counter affidavit filed by the second respondent, would submit that even though the second respondent sought for report from three authorities, namely, the Superintendent of Police, Karur, Revenue Divisional Officer, Karur and Fire Officer, Karur, so far, the second respondent has received report only from the Superintendent of Police, Karur and Fire Officer, Karur and report from the Revenue Divisional Officer, Karur is expected and as soon as the report received by the second respondent, suitable order, after considering the said report, would be passed. 5.

In view of the submission made by the learned Government Advocate on instructions and also by relying upon the counter affidavit filed by the second respondent, this Court is inclined to pass the following order:- that the second respondent shall receive the report expected from the Revenue Divisional Officer, Karur by giving a reminder to the said authority, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such report from the Revenue Divisional Officer, Karur, after considering the same as well as the report already received from the Superintendent of Police, Karur and Fire Officer, Karur, shall pass orders thereon on merits and in accordance with law with regard to the plea of the petitioner to get 'No Objection Certificate', within a period of three weeks thereafter.

No costs.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur-639 007.

copy to The Superintendent of Police Karur and Fire Officer, Karur.

+1 CC to M/s.G.PRABAHARI, Advocate ( SR-72832[F] dated 02/07/2019 ) +1 CC to M/s.SPL GP ( SR-73228[F] dated 03/07/2019 ) rmk Order made in W.P.(MD)No.13626 of 2019 02.07.2019 KM/(18.07.2019) 3P 6C