Sivakumar, S/O. Sathasivam, v. The District Collector /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.23618 of 2015 and W.M.P.(MD).No.1 of 2015 Sivakumar .. Petitioner Vs.

1.The District Collector / District Magistrate, Office of the District Collector and District Magistrate, Thanjavur District.

2.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

3.The District Officer, Fire and Rescue Service Department, Pudukkottai District.

4.The District Revenue Officer, Office of the District Revenue, Pattukottai, Pudukkottai District.

5.The Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.23, SIDCO Complex, Nanjikottai Road, Opp. To Ulavar Santhai, Thanjavur.

6.Muruganantham .. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent No.1 to take immediate action to prevent the respondent No.6 from functioning petrol bulk at Magarajasamudram village Survey No.185/1, Pattukottai Taluk, Thanjavur District within a stipulated time.

For Petitioner : Mr.R.Alagumani For respondents 1 to 4 : Mr.Aayiram K.Selvakumar, Government Advocate For 5th respondent : No appearance For 6th respondent : Mr.P.Thirumahilmaran

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Writ Petition under the guise of a Public Interest Litigation seeking a direction to the first respondent to take immediate action to prevent the respondent No.6 from functioning petrol bulk at Magarajasamudram Village in Survey No.185/1, Pattukottai Taluk, Thanjavur District. 2.We have heard the learned counsel appearing on either side.

3. In our considered view, since the location of the petrol bunk and functioning of the petrol bunk are all governed by the relevant rules and regulations, we cannot issue a direction as prayed for by the petitioner, unless it is brought to our notice that there is any serious violation of the said terms and conditions or rules and regulations. Since no such allegation is made in the Writ Petition, we are unable to grant the relief. This Writ Petition is, therefore, dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The District Collector / District Magistrate, Office of the District Collector and District Magistrate, Thanjavur District.

2.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District. 3.The District Officer, Fire and Rescue Service Department, Pudukkottai District. 4.The District Revenue Officer, Office of the District Revenue, Pattukottai, Pudukkottai District.

5.The Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.23, SIDCO Complex, Nanjikottai Road, Opp. To Ulavar Santhai, Thanjavur.

+1 cc to M/s.M.A.Abdul Wahab, Advocate in SR.No. 65677 +1 cc to The Special Government Pleader in SR.No. 66027 gcg CSL/SS-2/18.11.2016: 3P/8C Order made in W.P.[MD].No.23618 of 2015 03.11.2016