Madras High CourtWP(MD)/18058/2018dismissed

M.Selvam v. Joint Chief Controller Of

2018-08-16Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18058 of 2018 and WMP(MD)No.15953 of 2018 M.Selvam ... Petitioner vs.

1. The Joint Chief Controller of Explosives, Petroleum Explosive Safety, A & D Wing Block 1-8, 2nd Floor, Sasthri Bhavan, 26, Haddous Road, Nungambakkam, Chennai - 600 006.

2. The District Collector, Thanjavur District.

3. The District Revenue Officer, Thanjavur District.

4. The Block Development Officer, Thirupanantal, Thiruvidaimaruthur Taluk, Thanjavur District.

5. The Area Manager, Indane Area Office, Indian Oil Corporation Ltd., Sasthri Road, Tiruchirapalli - 620 018.

6. Thilakavathi ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus restraining the 6th respondent from constructing and operating the LPG cylinder storage godown in land bearing plots Nos.42, 43, 44 and 45, Survey No.28/3 situated in Shri Dhurga Parameswari Nagar in Kathiramangalam Village, Thanjavur in pursuant to the petitioner's representations.

For Petitioner : Mr.R.Maheswaran For R1 : Mr.S.Jeyasingh Central Government Standing Counsel For R2 to R4 : Mr.K.Saravanan Government Advocate For R5 : Mr.K.Muraleedharan Standing Counsel

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] This writ petition has been filed seeking to issue a Writ of Mandamus, restraining the sixth respondent from constructing and operating the LPG cylinder godown.

2.When the matter is taken up for hearing, the learned Standing Counsel appearing for the fifth respondent would submit that due procedure has been followed in granting permission. The representation of the petitioner has already been considered and suitable reply was given on 07.08.2018. However, the same has not been placed on record.

3.Inasmuch as the representation of the petitioner has already been rejected, without challenging the same, the present writ petition is not maintainable. Therefore, this writ petition is dismissed. However, liberty is given to the petitioner to challenge the order passed by the fifth respondent. No costs. Consequently, WMP(MD)No.15953 of 2018 is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The District Collector, Thanjavur District.

2. The District Revenue Officer, Thanjavur District.

3. The Block Development Officer, Thirupanantal, Thiruvidaimaruthur Taluk, Thanjavur District.

+1cc to Mr.R.Maheswaran, Advocate SR.No.79221 +1cc to Mr.S.Jeyasingh, Advocate SR.No.79046 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.79091 MJ MK/SKN/SAR 1/04.09.2018/3P/7C W.P.(MD) No.18058 of 2018 16.08.2018