Madras High CourtWP(MD)/8960/2013disposed of

K. Thangaraj, v. Jt. Chief Controller Of

2017-12-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8960 of 2013 K.Thangaraj .. Petitioner Vs.

1. Jt. Chief Controller of Explosives, O/o.Jt. Chief Controller of Explosives, Petroleum and Explosives Safety Organization (PESO), (Formerly Department of Explosives), South Circle Office, No.140, Rukmini Laxmipati Road, Marshalls Road, Egmore, Chennai - 600 008.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

3. Sivasamy .. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to dispose of the appeal preferred by the petitioner, dated 12.04.2013, within the time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents 1 and 2 : Mr.J.Gunaseelan Muthaiah, Government Advocate.

For Respondent No.3 : No appearance

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to dispose of the appeal preferred by the petitioner, dated 12.04.2013, against the order of the District Revenue Officer, granting no objection certificate, to the third respondent, so as to put up a petrol outlet, within the time stipulated by this Court.

2.Heard the learned counsel for the parties.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner preferred an appeal, dated 12.04.2013, before the second respondent, against the order of the District

Revenue Officer, granting no objection certificate, to the third respondent, so as to put up a petrol outlet.

4.The learned counsel for the petitioner would submit that it would be suffice, if the appeal preferred by the petitioner dated 12.04.2013, is directed to be disposed of by the second respondent, as per law.

5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the appeal preferred by the petitioner dated 12.04.2013, and pass appropriate orders on its own merit and in accordance with law, if not disposed of earlier, after affording due opportunity of hearing to the petitioner as well as all the interested parties, including the third respondent, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Jt. Chief Controller of Explosives, O/o.Jt. Chief Controller of Explosives, Petroleum and Explosives Safety Organization (PESO), (Formerly Department of Explosives), South Circle Office, No.140, Rukmini Laxmipati Road, Marshalls Road, Egmore, Chennai - 600 008.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 91864 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 91932 SMN TE/JC/SAR-4 : 26/12/2017 : 2P/5C ORDER MADE IN W.P(MD)No.8960 of 2013 08.12.2017 https://hcservices.ecourts.gov.in/hcservices/