Madras High CourtWP(MD)/15190/2017dismissed as infructuous

N.A.K.Gopalakrishna Raja, v. The District Collector,

2024-04-16Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.15190 of 2017 and W.M.P.(MD)No.11997 of 2017 N.A.K.Gopalakrishna Raja ... Petitioner Vs.

1. The District Collector, Theni District.

2. The District Revenue Officer, Theni District.

3. The Superintendent of Police, Theni District.

4. The Divisional Officer, Fire & Rescue Department, Theni Division, Theni.

5. The Chief Controller, Department of Explosive, No.140, Rukmani Lakshmipathy Marshall Road, Egmore, Chennai-600008.

6. The Joint Chief Controller of Explosives, South Circle, Chennai, Department of explosive, No.140, Rukmani Lakshmipathy Marshall Road, Egmore, Chennai-600008.

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7. Hindustan Petroleum Corporation Ltd, Madurai represented by its Senior Regional Manager, Plot No.7, 3rd Floor, Rakesh Towers, By Pass Road, Madurai.

8. M/s.Renuga Agencies through its Proprietor Near Theni Police Station, Periyakulam Road, Theni-625531.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 4 forbear the respondents 7 and 8 from running the petrol bunk in the writ petitioner's property, measuring 5400 sq.ft. comprised in T.S.No.533 in Theni Allingaram in view of the cancellation of No Objection Certificate by the second respondent and consequential cancellation of explosive license by the respondents 5 and 6 to run the same.

For Petitioner : Mr.R.Suriyanarayanan For R1, R2 & R4 to R6 : M/s.K.Christy Theboral Additional Government Pleader For R3 : M/s.M.Aasha Government Advocate (Crl. Side) For R7 : Mr.M.Sridhar 2/6

O R D E R

The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to forbear the respondents 7 and 8 from running the petrol bunk in the writ petitioner's property, measuring 5400 sq.ft. comprised in T.S.No.533 in Theni Allingaram in view of the cancellation of No Objection Certificate issued by the second respondent and consequential cancellation of explosive license by the respondents 5 and 6 to run the same.

2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner would submit that the eighth respondent has already surrendered the possession on 02.07.2019 and as such, nothing survives for further adjudication.

3. Recording the same, this Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.

16.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/6