Disposed

C.R.Baskaran v. the Ministry of Road Transport

Madras HC9 Sept 2014WP/15948/2013

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus to cancel petroleum retail licenses on national highways issued without R1's NOC. R1 had subsequently issued guidelines exercising powers under Section 28(2) of the Control of National Highways Act. The court noted the petitioner's objective was achieved as guidelines were now in place.

What did the court decide?

The writ petition was closed with no costs awarded, as the issuance of new guidelines rendered the relief sought unnecessary.

C.R.Baskaran Vs the Ministry of Road… — Constitutional and Fundamental Rights | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 9-9-2014

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CORAM

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THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF JUSTICE

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AND

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THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

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WRIT PETITION No.15948 of 2013

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C.R.Baskaran .. Petitioner vs 1.The Ministry of Road Transport and Highways Government of India Rep. By its Chief Secretary No.1, Parliament Street New Delhi 110 001 2.The Chief Secretary to Government Government of Tamil Nadu Fort St. George, Chennai 600 009 3.The Secretary to Government Government of Tamil Nadu Highways Department Fort St. George, Chennai 600 009 4.The Indian Oil Corporation Limited Rep. By its Managing Director Corporate Office No.3079/3, JB Tito Marg Sadiq Nagar, New Delhi 110 049 5.The Hindustan Petroleum Corporation Rep. By its Managing Director No.17, Jamshedji Tata Road Mumbai 400 020 6.The Bharat Petroleum Corporation Limited Rep. By its Managing Director-cum-Chairman Bharat Bhavan II 5^th Floor 4 & 6, Curimbhoy Road, Ballard Estate, Mumbai 400 001 7.The National Highways Authority of India represented by its Chiarman G5 & 6, Sector 10, Dwarka, New Delhi 110 075 (R7 impleaded as per order dated 17.6.2013 in WP 15948/2013) .. Respondents Writ petition filed under Article 226 of the Constitution of

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https://hcservices.ecourts.gov.in/hcservices/

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India praying for issuance of a writ of mandamus directing the respondents to cancel those licenses granted for establishment of petroleum retail outlet on the National Highways, which are functioning without getting any NOC from the first respondent as contemplated under the guideline/regulations issued by it.

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For Petitioner : Mrs.B.Jayanthi For Respondents : Mrs.R.Maaheswari SCGSC for R1 Mr.S.T.S.Moorthy Government Pleader for RR2 & 3 Mr.M.Ravindran Senior Counsel Assisted by Mr.V.Anandha Natarajan for RR4 to 6 Mr.P.Wilson for M/s.P.Wilson Associates for R7 ORDER (Order of the Court was made by THE HON'BLE THE CHIEF JUSTICE) Respondent No.1 being Ministry of Road Transport and Highways has already issued guidelines/norms for access permission to Fuel Stations, Private Properties, Rest Area Complexes and such other facilities along National Highways on 24.7.2013 exercising powers under Section 28(2) of the Control of National Highways (Land and Traffic) Act, 2002 (Central Act 13/2003).

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2.Learned Counsel for petitioner states that these guidelines have been issued post filing of the petition.

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3.Be that as it may, it appears that the purpose of the petitioner is served as he claims that it triggered off the framing of guidelines, which were absent.

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4.In view of the aforesaid, the writ petition is closed. No costs. Sd/Assistant Registrar /True Copy/

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Sub Assistant Registrar

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nsv To:

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Chief Secretary The Ministry of Road Transport and Highways Government of India No.1, Parliament Street New Delhi 110 001 2.The Chief Secretary to Government Government of Tamil Nadu Fort St. George, Chennai 600 009 3.The Secretary to Government Government of Tamil Nadu Highways Department Fort St. George, Chennai 600 009 4.The Managing Director Indian Oil Corporation Limited Corporate Office No.3079/3, JB Tito Marg Sadiq Nagar, New Delhi 110 049 5.The Managing Direcotr Hindustan Petroleum Corporation No.17, Jamshedji Tata Road Mumbai 400 020 6.The Managing Director-cum-Chairman Bharat Petroleum Corporation Limited Bharat Bhavan II 5^th Floor 4 & 6, Curimbhoy Road, Ballard Estate, Mumbai 400 001 7.The Chairman National Highways Authority of India G5 & 6, Sector 10, Dwarka, New Delhi 110 075

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+1 CC M/S.P.Wilson Associates, Advocate SR 43143 +1 CC to Mr.V.Anantha Natarajan, Advocate SR 42860

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+1 CC to the Government Pleader, High Court of Madras, SR.42631

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W.P.No.15948 of 2013

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JSV(CO) DRL:23/09/2014

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https://hcservices.ecourts.gov.in/hcservices/

C.R.Baskaran v. the Ministry of Road Transport

Case brief

What is this about?

What did the court decide?

C.R.Baskaran v. the Ministry of Road Transport

Case brief

What is this about?

What did the court decide?

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