Madras High CourtWP(MD)/11190/2025disposed of

Muthu Durairaj v. The District Collector

2025-04-29Honourable Mr Justice V. Lakshminarayanan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Muthu Durairaj ...

Petitioner Vs 1 The District Collector, District Collector Office, Pudukkottai District.

2 The District Revenue Officer, District Revenue Officer, Pudukkottai District. 3 The Divisional Engineer, Highways Construction and Maintenance, Highways Construction and Maintenance Office, Pudukkottai.

4 The Territory Manager, Indian Oil Corporation Limited, Divisional Office, 3rd Shesathri Road, Thillai Nagar, Tiruchirappalli District.

5 The Deputy General Manager, Indian Oil Corporation Limited, Thiriveni, 3rd Floor, B35 Sasthri Road, Thillai Nagar, Trichy.

6 K. Rajarathinam ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to revoke the NOC granted by the 2nd respondent for violation of the conditions imposed therein and the directions of this Honble Court in WP(MD).No.11089 of 2021, dated 21.09.2021, and in Cont.(MD).No.2182 of 2024, dated 17.12.2024, after due enquiry and inspection in the petrol bunk outlet, situated at S.No.62/2A4, Ettivathali Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 17.03.2025.

For Petitioner :

Mr.V.R.Shanmuganathan, Senior Counsel, for Mrs.B.Rukmani.

For Respondents 1 to 3 : Mr.M.Ajmal Khan, Addl. Advocate General, assisted by Mr.S.Shaji Bino, Spl. Govt. Pleader.

For Respondents 4 & 5 : Mr.Mahaboob Athiff For Respondent 6 : Mr.T.Lenin Kumar

ORDER

The petitioner seeks for the following relief : ''Writ of mandamus, directing the respondents to revoke the NOC granted by the 2nd respondent for violation of the conditions imposed therein and the directions of this Honble Court in WP(MD).No.11089 of 2021, dated 21.09.2021, and in Cont.(MD).No.2182 of 2024, dated 17.12.2024, after due enquiry and inspection in the petrol bunk outlet, situated at S.No.62/2A4, Ettivathali Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 17.03.2025.''

2. I have heard Mr.V.R.Shanmuganathan, for Mrs.B.Rukmani, for the petitioner; Mr.M.Ajmal Khan, learned Additional Advocate General, for Mr.S.Shaji Bino, learned Special Government Pleader, for respondents 1 to 3; Mr.Mahaboob Athiff for respondents 4 and 5; and Mr.T.Lenin Kumar, for respondent 6.

3. This is the second round of litigation, challenging the ''No Objection Certificate'', granted to the sixth respondent. Earlier, a writ petition was filed in W.P.(MD) No.11089 of 2021. In that writ petition, this Court held

that quashing of 'No Objection Certificate' does not arise. However, it took note of the fact that the sixth respondent has to construct a channel as per the No Objection Certificate. A direction was given to do the needful and ensure free flow of water in the channel. Since the same was not complied with, a contempt petition came to be filed before this Court in Cont.P.(MD) No.2182 of 2024, wherein, the District Collector was directed to survey the channel and ensure free flow of water. In addition, an Advocate Commissioner was appointed to submit a report.

4. The present Writ Petition challenges the No Objection Certificate all over again.

5. When this Court has taken a view that No Objection Certificate need not be interfered with, judicial discipline requires that I follow that verdict and reject the prayer, that has been made before me. No doubt, this Court can always take a different view, when change in circumstance is brought to its notice, but, there being none in the present case, I am not inclined to consider the request for cancellation of No Objection Certificate.

6. Mr.V.R.Shanmuganathan points out that when No Objection Certificate was granted to the writ petitioner, who was an ex-serviceman, certain conditions had been imposed by second and third respondents. For ready reference, they are extracted hereunder :

7. The learned Additional Advocate General pointed out that if any conditions are imposed by second and third respondents, then, it is the duty of sixth respondent to comply with the same.

8. Mr.Lenin Kumar states that the condition to construct an approach road to a distance of 225 metres will be complied with, if sufficient time is granted.

9. The sixth respondent shall construct an approach road, as directed by second and third respondents, within a period of eight weeks from the date of uploading of this order on to the website of this Court.

10. Writ Petition is disposed of accordingly. No costs.

11. Call the matter for compliance on 01.07.2025. 29.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, District Collector Office, Pudukkottai District.

2 The District Revenue Officer, District Revenue Officer, Pudukkottai District.

3 The Divisional Engineer, Highways Construction and Maintenance, Highways Construction and Maintenance Office, Pudukkottai.

4 The Territory Manager, Indian Oil Corporation Limited, Divisional Office, 3rd Shesathri Road, Thillai Nagar, Tiruchirappalli District.

5 The Deputy General Manager, Indian Oil Corporation Limited, Thiriveni, 3rd Floor, B35 Sasthri Road, Thillai Nagar, Trichy.

V.LAKSHMINARAYANAN, J.

dixit

29.04.2025