K.Deivendran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14347 of 2017 and W.M.P.(MD).No.11238 of 2017 K.Deivendran .. Petitioner Vs.
1.The District Collector, Collector Office, Sivagangai, Sivagangai District.
2.The District Revenue Officer, Office at Collectorate, Sivagangai.
3.The Tahsildar, Tahsildar Office, Manamadurai, Sivagangai District.
4.Sasibala .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the official respondents 1 to3 herein to remove the petrol bunk outlet, permission is given newly in the name of the fourth respondent in S.No.79/2B situated at Madurai to Rameswaram Four Way Road in Sangamangalam Village, nearby Kelapasalai Road left side, Manamadurai Taluk, Sivagangai District and consequently directing the respondent to shift it to any other suitable and proper place. For petitioner : Ms.K.Abiya For respondents 1 to 3 : Mr.M.Govindan Special Government Pleader
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition in pro bono publico for a direction to the respondents 1 to 3 to remove the retail outlet owned by the fourth respondent and located at Survey No.79/2B, Madurai to Rameswaram Four Way Road, Sangamangalam https://hcservices.ecourts.gov.in/hcservices/
Village, Manamadurai Taluk, Sivagangai District.
2. There is no question of opening a retail outlet of petroleum products by the fourth respondent, unless no objection certificate is given by the District Magistrate and Explosive license by the Controller of Explosives. The petitioner, by pleading ignorance of the statutory clearance obtained by the fourth respondent, filed this Writ Petition for shifting the outlet in question. There is no question of issuing a Mandamus for shifting the outlet, unless and until the statutory license given to the fourth respondent is cancelled in the manner know to law. We do not find any element of public interest involved in this Writ Petition.
3. In the upshot, we dismiss the Writ Petition. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:
1.The District Collector, Collector Office, Sivagangai, Sivagangai District.
2.The District Revenue Officer, Office at Collectorate, Sivagangai.
3.The Tahsildar, Tahsildar Office, Manamadurai, Sivagangai District.
+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.70263 +1cc to M/s.K.ABIYA Advocate in SR. No.69611 NB JS/GT/SAR.3/17.08.2017/ 2P-6C ORDER MADE IN W.P.(MD)No.14347 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/