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Madras High CourtWP(MD)/15123/2025dismissed

S.Kanimozhi, v. The District Revenue Officer

2025-07-28Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.11374, 13648 & 15237 of 2025 W.P.(MD)No.15123 of 2025 S.Kanimozhi ... Petitioner Vs

1. The District Revenue Officer, Karur District, Karur.

2. The Revenue Divisional Officer, Karur District, Karur.

3. The Project Director,, National Highways Authority of India, Dindigul.

4. The Regional Officer, National Highways Authority of India, Madurai.

5. The Retail Head,, Bharath Petroleum Corporation Ltd., No.1, Ranganadhan Gardens Office, 11th Main Road, Anna Nagar, Chennai - 600040.

6. Perumalsamy 1/7

7. Vijayanathan (R7 is Impleaded Vide Court Order Dated 16.06.2025 in WMP(MD)No.11958 of 2025 in WP(MD)No.15123 of 2025)

8. The Administrator,, Arulmigu Veeramaathi Amman Temple, Aalamarathupatti Village, Aravakurichi Taluk, Karur.

... Respondents (R8 is Suo Motu Impleaded Vide Court Order Dated 16.06.2025 in WP(MD)No.15123 of 2025) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to not to permit the sixth respondent to setup the petroleum retail outlet in SF.No. 91/1A2A in Aalamarathupatti Village, Aravakurichi Taluk, Karur District, based on the petitioner's representation dated 03.02.2025 and 13.03.2025. For Petitioner : Mr.S.Ramanathan For R-1 & R-2 : Mr.M.Lingadurai Special Government Pleader For R-3 & R-4 : Mr.Su.Srinivasans For R-5 : Mr.Raghvaran Gopalan For R-6 : Mr.V.Nirmal Kumar For R-7 : Mr.M.Jerin Mathew For R-8 : Mr.M.Jagadeesh Pandian 2/7

W.P.(MD)No.17805 of 2025 S.Kanimozhi ... Petitioner Vs

1. The District Revenue Officer, Karur District, Karur.

2. The Revenue Divisional Officer, Karur District, Karur.

3. The Project Director, National Highways Authority of India, Dindigul.

4. The Regional Officer, National Highways Authority of India, Madurai.

5. The Retail Head,, Bharath Petroleum Corporation Ltd., No.1, Ranganadhan Gardens Office, 11th Main Road, Anna Nagar, Chennai - 600040.

6. Vijayanathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the order passed by the first respondent in R.C.No.D2/24889/2022 dated 07.04.2025 and to quash the same as illegal, arbitrary. 3/7

For Petitioner : Mr.S.Ramanathan For R-1 & R-2 : Mr.M.Lingadurai Special Government Pleader For R-3 & R-4 : Mr.Su.Srinivasans For R-5 : Mr.Raghvaran Gopalan For R-6 : Mr.M.Jerin Mathew COMMON ORDER The Writ Petition in W.P.(MD)No.15123 of 2025 has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 5, not to permit the sixth respondent to setup the petroleum retail outlet in SF.No. 91/1A2A in Aalamarathupatti Village, Aravakurichi Taluk, Karur District, based on the petitioner's representation dated 03.02.2025 and 13.03.2025.

2. The Writ Petition in W.P.(MD)No.17805 of 2025 has been filed for the issuance of a Writ of Certiorari, to quash the impugned order 07.04.2025.

3. This Court, suo motu, impleaded the seventh respondent, who is the proprietor of the petrol outlet and the eighth respondent, who is the Administrator of the Temple in W.P.(MD)No.15123 of 2025.

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4. The learned Counsel appearing for the temple submitted that the temple festival is conducted once a year, during which worshippers carry water from a well. At that time, crackers will be burst and when they near the temple premises, no crackers will be burst.

5. The learned Special Government Pleader, on instructions, submitted that there will not be any marriages or other festivals, as conducted in other temples. The same is recorded.

6. The learned Counsel appearing for the owner of the petrol outlet submitted that there is a distance of nearly 50 metres from the temple, and there are no objections from the Revenue Department. He further submitted all necessary safety measures have been approved and their license have been obtained from the appropriate authorities.

7. After hearing the rival submissions, this Court is of the considered opinion that when the temple itself is not having any objections, then the objection of the petitioner seems to be irrelevant. Further, the crackers would be busted beyond 400 meters away from the temple premises. Therefore, there cannot be any impediment in the proposed petroleum retail outlet. Hence, these Writ Petitions lack merits.

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8. Accordingly, these Writ Petitions are dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Revenue Officer, Karur District, Karur.

2. The Revenue Divisional Officer, Karur District, Karur.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 28.07.2025 7/7