Billy Graham v. The Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.9635 of 2020 Billy Graham S/o Paulose No.3/2014, Jesus Nagar, Meiyampuli, Rameswaram, Rameswaram Taluk, Ramanathapuram District, Chairman Help India Charitable Trust, Rameswaram.

... Petitioner Vs.

1.The Director, Ministry of Petroleum and Natural Gas Sahstri Bavan, New Delhi - 110 001.

2.The Additional Chief Secretary Highways and Minor Ports Department, St. Jorge Fort, Secretariat, Chennai - 600 009.

3.The Regional Officer Bharath Petroleum Corporation Ltd., No.37, Thiruparamkundram Road, Pasumalai, Madurai - 625 004.

4.The District Collector Ramanathapuram District, 5.The District Revenue Officer Ramanathapuram District, 6.The Joint Chief Controller of Explosives A and D Wing, Block 1 - 8, Shash Bhavan, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.

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7.The Divisional Engineer Construction and Maintenance, Highways Department, Travellers Bangalow Road, 8.The Deputy Director of Health Services, Swami Vivekanandhar Salai (Kenikarai), Ramanathapuram Town, 9.The District Fire Officer, Bharathi Nagar, Near India Supermarket 10.Manivannan ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to permanently forbear the respondents from issuing No Objection Certificate (NOC), Explosive License and other necessary approvals/permissions/consent to the Tenth respondent to open and operate a new Road Site Petroleum Retail outlet at SF No.295/1A (Sub Division SF No.295/1A1B), Meiyampuli Village, Rameswaram Taluk, Ramanathapuram District. For Petitioner : Mr.J.M.Hassanul Bazari For Respondents 4 & 5 : Mrs.S.Srimathy, Special Government Pleader For 3rd Respondent : Mr.S.Nateshraja For 6th Respondent : Mr.M.Ashokkumar Central Government Standing Counsel

O R D E R

Heard the learned counsel appearing for the writ petitioner and learned Special Government Pleader appearing for the respondents 4 and 5 and learned Standing counsel appearing for Bharath Petroleum / third respondent and learned Central Government Standing counsel appearing for the sixth respondent.

2. The petitioner is running a School, he alleges that within the apprehended distance, the tenth respondent is putting up a Petrol / Diesel retail outlet. The learned Standing counsel states that though they are yet to issue license, the tenth respondent is a selected candidate and he has been issued with all necessary permissions including 'No Objection Certificate' (NOC) from the District Revenue Officer.

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3.I am of the view that the petitioner cannot maintain this writ for issuing Mandamus. He has to necessarily question the 'No Objection Certificate' issued by the concerned Authority. The learned Standing counsel is directed to make available the photo copies of the permission obtained by the tenth respondent. The learned Standing counsel is directed to serve the same to the petitioner's counsel within a day through whats-app, so that the petitioner can thereafter, question the same in the manner known to law. I make it clear that I have not gone into the merits of the matter. The writ petition is closed only on the ground of maintainability, nothing else.

4. Granting such liberty to the petitioner, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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 Director, Ministry of Petroleum and Natural Gas Sahstri Bavan, New Delhi - 110 001.

2. The Additional Chief Secretary Highways and Minor Ports Department, St. Jorge Fort, Secretariat, Chennai - 600 009.

3. The Regional Officer Bharath Petroleum Corporation Ltd., No.37, Thiruparamkundram Road, Pasumalai, Madurai - 625 004.

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4. The District Collector Ramanathapuram District,

5. The District Revenue Officer Ramanathapuram District,

6. The Joint Chief Controller of Explosives A and D Wing, Block 1 - 8, Shash Bhavan, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.

7. The Divisional Engineer Construction and Maintenance, Highways Department, Travellers Bangalow Road,

8. The Deputy Director of Health Services, Swami Vivekanandhar Salai (Kenikarai), Ramanathapuram Town,

9. The District Fire Officer, Bharathi Nagar, Near India Supermarket +1 CC to Mr.S.NATESHRAJA, Advocate ( SR-16176[F] dated 08/09/2020 ) +1 CC to Mr.M.ASHOK KUMAR, Advocate ( SR-16180[F] dated 08/09/2020 ) +1 CC to the SPL GP ( SR-16353[F] dated 09/09/2020 ) 07.09.2020 CS(17.09.2020) 4P 13C 4/4