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Madras High CourtWP(MD)/7761/2021withdrawn dismissed

Liakath Ali.M v. The Dist. Collector

2021-04-15Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD) No.7761 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2021 CORAM :

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P.(MD) No.7761 of 2021 and WMP(MD).Nos.5908 and 5909 of 2021 M.Liakath Ali .. Petitioner Vs 1.The District Collector, Dindigul District.

2.The District Revenue Officer, Dindigul District. 3.The Joint Chief Controller of Explosives, A & B Wing, Block 1-8, 2nd Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 6.

4.The Territory Manager, Bharath Petroleum Corporation Ltd., No.37, Tirupparankundram Road, Pasumalai, Madurai-4. 5.The Executive Engineer, (W.R.O), Manjalar Sub Division, Public Works Department, Periyakulam.

6.M.V.M.Pandian ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, direct the respondents 2 and 3 not to grant "No Objection Certificate" and license, for having the petrol bunk in the land in S.No.638/3 in Ward-15, in Batlagundu Village, in Nilakottai Taluk, in Dindigul District, situated within 50 meters of Vedankulam Kanmai and if granted then direct them to cancel the same, as it is violates the siting criteria of CPCB and also in violation of the Tamil Nadu State building laws and if granted then direct them to cancel the same.

For Petitioner : Mr.R.Surya Narayanan For respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R1,R2 & R5 Mr.Natesha Raja, for R4 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7761 of 2021

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] After hearing some arguments, the learned Counsel for the writ petitioner seeks permission to withdraw the writ petition, in the light of the submission made by the learned Counsel for the respondent-Oil Corporation and the learned Special Government Pleader appearing for the respondents 1,2 and 5, that already "No Objection Certificate" has been granted and Letter of Intent (LOI) has been issued in favour of one Mrs.Susithra, w/o.Pandian.

2. In the light of the above submission, the writ petition is dismissed as withdrawn, giving liberty to the writ petitioner to challenge the "No Objection Certificate" and other orders passed by the authority. No costs. Consequently, connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector, Dindigul District.

2.The District Revenue Officer, Dindigul District. 3.The Joint Chief Controller of Explosives, A & B Wing, Block 1-8, 2nd Floor, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 6.

4.The Territory Manager, Bharath Petroleum Corporation Ltd., No.37, Tirupparankundram Road, Pasumalai, Madurai-4. 5.The Executive Engineer, (W.R.O), Manjalar Sub Division, Public Works Department, Periyakulam.

+1 CC to M/s.SPL GP ( SR-16027[F] dated 16/04/2021 ) W.P.(MD) No.7761 of 2021 15.04.2021 KV (11.05.2021) P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2