S.Lenin Kannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD) No.21815 of 2024 S.Lenin Kannan ... Petitioner -vs1.The District Collector Tirunelveli District Tirunelveli 2.The District Revenue Officer Tirunelveli District Tirunelveli 3.The Divisional Engineer (Construction and Maintenance) State Highways Tirunelveli

4.The District Officer Fire and Rescue Department Tirunelveli District Tirunelveli 5.The Tahsildar Ambasamudram Taluk Tirunelveli District 6.The Divisional Retail Head Indian Oil Corporation Limited No.2, Race Course Road Chokkikulam Madurai-625 002 7.Petroleum and Explosives Safety Organisation No.26, Haddows Road Subba Road Avenue Nungambakkam Chennai-6 8.Hamitha Banu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing these respondents 1 and 2 forbearing from issuing NOC to the eighth respondent in getting license to run a petrol and diesel outlet / petrol bunk of Indian Oil Corporation in Ambur Papanasam Road in a site of 3 hecs in S.No.181/2 in Vickramasingapuram Village, Ambasamudram Taluk, in Tirunelveli District, as per the representations dated 08.06.2024 given by the

public of Vickramasingapuram Village.

For Petitioner :

Mr.F.X.Eugene For Respondents :

Mr.P..Thilakkumar Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Petitioner's main grievance is respondent No.8 will be allotted a retail outlet by respondent No.6 without following due process. According to petitioner, the villagers are opposed to the proposed place of setting up a retail outlet by respondent No.6 through respondent No.8, as the proposed earmarked place is not suitable for a retail fuel dispensing station.

2. Counsel for petitioner states that the Fire and Rescue Service Department has already issued a NOC and very soon, the Revenue Department shall also issue a NOC.

3. We would assume, and correctly so, that respondent No.6, which is Indian Oil Corporation Limited, will not allot or permit a retail outlet to be set up without following due process.

4. The petitioner may forward a copy of this petition to respondent No.6, who shall consider the same before issuing a final letter of allotment to respondent No.8 to set up a retail outlet at the proposed earmarked place.

5. Certainly, respondent No.6 shall call for the views of respondent No.8 on the allegations / averments made by petitioner and take a decision in accordance with law.

6. Writ petition is disposed of.

7. We hasten to add we have not made any observation on the merits of petitioner's case. The order passed today shall not be considered as the Court having expressed any views or apprehensions in this matter. There shall be no order as to costs. Consequently, interim application stands disposed of.

[K.R.SHRIRAM., C.J.] [MOHAMMED SHAFFIQ, J.] 28.10.2024 NCC : Yes / No Index : Yes / No krk To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Divisional Engineer, (Construction and Maintenance), State Highways, Tirunelveli.

4.The District Officer, Fire and Rescue Department, Tirunelveli District, Tirunelveli.

5.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

THE HON'BLE CHIEF JUSTICE and MOHAMMED SHAFFIQ, J.

krk and W.M.P.(MD) No.21815 of 2024 28.10.2024