Madras High CourtWP(MD)/8085/2017dismissed

G.Ramesh, v. The Chief Secretary

2017-07-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.8085 of 2017 and W.M.P.(MD)No.6215 of 2017 G.Ramesh : Petitioner Vs.

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Secretary, Revenue Department, Secretariat, Chennai-600 009.

3. The Secretary, Agricultural Department, Secretariat, Chennai-600 009.

4. The District Collector, Thanjavur District, Thanjavur.

5. The District Revenue Officer, District Revenue Office, Thanjavur.

6. The Senior Divisional Retail Sale Manager, Indian Oil Corporation Limited, Trichy Divisional Office, Triveni Building 3rd Floor, B-35, Shastri Road, Thillai Nagar, Trichy-620 018.

7. The Chief Regional Manager, Hindustan Pertroleum Corporation Limited, Trichy Retail Regional Office, No.90, 2nd Floor, MDSR Enclave, Bharathidasan Salai, Cantonment, Trichy-620 001.

8. The Territory Manager (Retail Sales), Bharat Petroleum Corporation Limited, Trichy Retail Territory Office, 1st Floor, Raj Towers, VN Nagar, Karur Bypass Road, Near Kalaignar Arivalayam Trichy-620 002.

9. The Chief Controller of Explosives, Government of India, Ministry of Commerce and Industry, Petroleum and Explosives Safety Organisation, Shastri Bhavan, Nungambakkam, Chennai-600 034.

10. A.Victor Jacob : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records in Na.Ka.No.E4/27649/2016 dated 28.02.2017 passed by the fourth and fifth respondents and consequently direct the respondents to formulate the rules regarding not to give permission to start the petrol bunk in the agricultural lands.

For Petitioner : Mr.P.Thirumahilmaran For Respondents 1 to 5 : Mr.T.S.Mohamed Mohideen, Additional Government Pleader For Respondent No.6 : Mr.K.Muraleedharan For Respondent No.7 : Mrs.S.T.Kanimozhi For Mr.M.Sridhar For Respondent No.9 : Mr.N.Shanmugaselvam For Respondent No.10 : No Appearance *********

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition challenging the information furnished by the fifth respondent informing him that the act of issuing No Objection Certificate for locating a Petrol Outlet is not in violation of any of the Guidelines issued by the Government.

2. The affidavit filed in support of the Writ Petition indicates that pursuant to the licence granted by the Petroleum Corporation, the tenth respondent obtained No Objection from the District Revenue Officer for locating the outlet. What is under challenge in this Writ Petition is only the information conveyed by

the fifth respondent. There is no challenge to the order granting No Objection to the tenth respondent to locate the Outlet in question. We, therefore, do not find any reason to issue a Writ as prayed for by the petitioner. However, we make it clear that this order would not stand in the way of the appropriate authority taking up the issue on merits and as per law.

3. In the upshot, we dismiss the Writ Petition. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To