Selvaraj. P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Selvaraj ... Petitioner Vs.

1.The District Collector, Trichy.

2.The District Revenue Officer, Trichy.

3.The Revenue Divisional Officer, Mussiri, Trichy.

4.The Block Development Officer, Thottiyam, Trichy.

5.M/s.Nayara Energy Limited, 5th Floor, Chennai House, No.7, Esplanade, Chennai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent herein to forthwith grant No Objection Certificate in favour of the petitioner as franchisee of M/s. Nayara Energy Limited for the proposed retail outlet for 1/4

selling and storing petroleum products namely MS HSD and lubricating oils at the lands in Survey No.255/2, 286/2 Mullipadi Village, Thottiyam Taluk, Trichy District.

For Petitioner : Mr.ARL.Sundaresan, Senior Counsel For Mr.AL.Ganthimathi.

For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3.

Mrs.K.Christy Thaboral, Addl. Government Pleader for R4.

ORDER

Heard the learned counsel for the writ petitioner, the learned Special Government Pleader for the respondents 1 to 3 and the learned Additional Government Pleader for the fourth respondent. 2.The writ petitioner is a franchise of the fifth respondent. The petitioner wants to set up their petroleum retail outlet at the petition mentioned site. The petitioner has to get no objection certificate from the second respondent. All the other authorities have recommended in favour of the writ petitioner. There does not appear to be any reason for the second respondent in not giving the no objection certificate as sought for by the writ petitioner. Before me also, no materials have been placed as to why no objection certificate should be denied. 2/4

When the other authorities have recommended the writ petitioner's case, in the absence of any compelling reason, the petitioner's request cannot be denied. No such reason has been placed before me. I therefore direct the second respondent to grant no objection certificate in favour of the writ petitioner as sought for. This shall be done within a period of four weeks from the date of receipt of a copy of this order.

3.The writ petition is allowed accordingly. No costs. 01.09.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Trichy.

2.The District Revenue Officer, Trichy.

3.The Revenue Divisional Officer, Mussiri, Trichy.

4.The Block Development Officer, Thottiyam, Trichy.

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G.R.SWAMINATHAN, J.

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