Rajeshwari v. The District Revenue Officer Cum Additional District Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.8700 of 2025 Rajeshwari ... Petitioner vs.

1.The District Revenue Officer cum Additional District Magistrate, Tirunelveli.

2. The Tahsildar, Nanguneri Taluk, Tirunelveli District. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 1st respondent in Ni.Mu.D3/19-12-17/2021, dated 14.11.2024 and to quash the same as illegal and consequently, to direct the 1st respondent to issue no objection certificate for setting up new petrol bunk in the petitioner's property in Survey No.189/11B1 Subdivision Survey No. 189/11B1 in Alwaneri Village, Nanguneri Taluk, Tirunelveli District. For Petitioner : Mr.S.Suresh Manickam For Respondents : Mr.R.Ragavendran Government Advocate *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the 1st 1/4

respondent in Ni.Mu.D3/19-12-17/2021, dated 14.11.2024 and consequently, to direct the 1st respondent to issue no objection certificate for setting up new petrol bunk in the petitioner's property in Survey No.189/11B1 Subdivision Survey No. 189/11B1 in Alwaneri Village, Nanguneri Taluk, Tirunelveli District. 2.The only objection raised by the respondents is that a burial ground is existing adjacent to the proposed petrol bunk. If allowed, the rights of cremation would be affected and also would affect the safety of the petrol bunk. 3.It is seen that the Tahsildar has inspected the place and has submitted a report stating that the said burial ground is used for burying the bodies and it is not used as cremation and there is no safety violation. 4.

Therefore, there is no hindrance or any safety violation in establishing the said petrol bunk. Therefore, the objection stated by the respondent is erroneous. Hence, the impugned order is quashed and the respondents are directed to give a No Objection Certificate with a condition that the absolute safety measures and other conditions prescribed by the other authorities should be followed strictly.

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5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

1.The District Revenue Officer cum Additional District Magistrate, Tirunelveli.

2. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 13.06.2025 4/4