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Madras High CourtWP(MD)/1321/2015dismissed as infructuous

S. Vellasamy, v. The Deputy General

2023-03-03Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.1321 of 2015 and M.P(MD)Nos.1 and 2 of 2015 S.Vellasamy ..... Petitioner - Vs1. The Deputy General Manager and Retail Sales Manager, Indian Oil Corporation, Tamil Nadu State Office, 139, Nungambakkam High Road, Chennai.

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

3. The Superintendent Engineer, Distribution Circle, TANGEDCO, Mannapuram, Tiruchirapalli.

4. C.Ravichandran ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 and 2 not to accord sanction in favour of the fourth respondent or anyone claiming right under him for establishing retail petrol bunk/ outlet in S.F.No.323/6 (S.F.No.323/6B as claimed by the fourth respondent) situate at Palakuruchi Village, Marungapuri Taluk, Tiruchirapalli District.

For Petitioner : No Appearance For Respondents : No appearance - for R1 and R4 : Mr.K.Muralidharan - For R2 : Mr.S.Deenadhayalan Standing Counsel For R3

ORDER

This writ petition has been filed seeking for a writ of Mandamus, to forbear the respondents 1 and 2 not to accord sanction in favour of the fourth respondent or anyone claiming right under him for establishing retail petrol bunk/ outlet in S.F.No.323/6 (S.F.No.323/6B as claimed by the fourth respondent) situate at Palakuruchi Village, Marungapuri Taluk, Tiruchirapalli District.

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2. When the matter is taken up for hearing, the learned counsel appearing for the second respondent would submit that the letter of approval for establishing petrol bunk already issued in favour of the fourth respondent and he has also been functioning the said petrol bunk from the year 2015. Based upon the proceedings of the respondents 1 and 2, dated 18.02.2015, permission has been granted to the fourth respondent.

3. The learned Standing counsel appearing for the third respondent would submit that the service connection has been effected to the fourth respondent's petrol bunk as early as on 31.01.2015.

4. Since permission has been granted to the fourth respondent and he is also running the petrol bunk based on the license given by the respondents 1 and 2, the prayer sought for in the writ petition cannot be entertained as the same has become infructuous. 3/5

5. In view of the above said submission, this writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

03.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The Deputy General Manager and Retail Sales Manager, Indian Oil Corporation, Tamil Nadu State Office, 139, Nungambakkam High Road, Chennai.

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

3. The Superintendent Engineer, Distribution Circle, TANGEDCO, Mannapuram, Tiruchirapalli.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 1321 of 2015 03.03.2023 5/5