R.Santhi v. The Joint Chief Controller Of Explosives

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Santhi ... Petitioner Vs.

1.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, 2nd Floor, Sastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

2.The District Collector / The District Magistrate, Virudhunagar, Virudhunagar District 3.The District Revenue Officer, Virudhunagar, 1/6

4.Revenue Divisional Officer Sattur, 5.Central Pollution Control Board, Rep. by its Member Secretary, 76, Mount Salai, Guindy, Chennai - 600 032.

6.T.Mekala 7.The Indian Oil Corporation, Rep. by its the Divisional Manager, Madurai Divisional Office, No.2, Race Course Road, Chokkikulam, Madurai-625002.

...Respondents

(R7 is impleaded Vide Court order dated 28.04.2021 passed in W.M.P(MD)No.6639 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to cancel the NOC dated 16.06.2020 granted in favour of the sixth respondent for running petroleum outlet and consequentially forbearing the 2/6

respondents from setting up and running petroleum outlet in S.No.4/2 (Ward B, Block1) Sattur Village, Virudhunagar District. For Petitioner : Mr.S.Venkatesh For Respondents : Mr.S.Jeyasingh - for R1 Mr.K.P.Narayana Kumar - for R2 to R4 Special Government Pleader Mr.I.Irulappan - for R5 Mr.A.Balaji - for R6 Mr.K.Muraleedharan - for R7

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the third respondent to cancel the NOC dated 16.06.2020 granted in favour of the sixth respondent for running the petroleum outlet.

2. Heard Mr.S.Venkatesh, learned counsel appearing on behalf of the petitioner, Mr.S.Jeyasingh, learned counsel appearing on behalf of the first respondent, Mr.K.P.Narayanakumar, learned Special Government Pleader appearing on behalf of the respondents 2 to 4, 3/6

Mr.I.Irulappan, learned counsel appearing on behalf of the fifth respondent Mr.A.Balaji, learned counsel appearing on behalf of the sixth respondent and Mr.K.Muraleedharan, learned counsel appearing on behalf of the seventh respondent.

3. Initially this Court had granted an interim order and it was subsequently, vacated by this Court, by an order, dated 02.09.2021. That apart, a similar Writ Petition that was filed by yet another person belonging to the same locality in W.P.(MD)No.11866 of 2020 was dismissed by this Court, by an order, dated 08.06.2023. The reasons that have been assigned in that order will equally apply to the petitioner also.

4. In view of the above, this Writ Petition is also dismissed. This Court also takes into consideration of the fact that the petroleum outlet is running from the year 2021 onwards. No costs. 16.10.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No RM 4/6

To 1.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, 2nd Floor, Sastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

2.The District Collector / The District Magistrate, Virudhunagar, Virudhunagar District 3.The District Revenue Officer, Virudhunagar, 4.Revenue Divisional Officer Sattur, 5.Central Pollution Control Board, Rep. by its Member Secretary, 76, Mount Salai, Guindy, Chennai - 600 032.

6.The Indian Oil Corporation, Rep. by its the Divisional Manager, Madurai Divisional Office, No.2, Race Course Road, Chokkikulam, Madurai-625002.

5/6

N.ANAND VENKATESH, J.

RM 16.10.2023 6/6