High Court of Madras disposed of a Writ Petition under Article 226 seeking cancellation of a NOC and conversion of land into a petrol bunk. The petition was dismissed due to the petitioner's death and the efflux of time, with liberty granted to legal heirs to approach competent authorities.
Petition disposed of with liberty to legal heirs to approach competent authority.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.09.2021
CORAM: THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.34626 of 2016
Mr.T.Mahesh .. Petitioner
Vs
1 Chairman, State Industries Promotion Corporation of Tamilnadu Ltd. (SIPCOT), 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-8. 2 Managing Director, SIPCOT, 19-A Rukmani Lakshmipathy Road, Egmore, Chennai-8. 3 District Revenue Officer and Addl. District Magistrate, Collectors Office, Kanchipuram District. 4 M/s.Indian Oil Corporation Ltd., rep. by Chief Divisional Retail Sales Manager, Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai-18. 5 S.Rajendran 6 Mr.R.Shanmuganathan .. Respondents (R-6 is impleaded as per order dated 25.11.2016 by B.R.J in WMP.No.34505/2016 in WP.34626/2016.)
PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing respondents 1 to 3 to take necessary actions on the representation dated 24.9.2016 by cancelling the No Objection Certificate granted in favour of 4th respondent and converting the Boarding and Lodging into petrol bunk in Survey Number 39/1 of Oragadam Village Kancheepuram District.
For Petitioner : Mr.R.Sankarasubbu For Respondents: Mrs.Sudharshana Sundar (for R1) Mr.C.Kathiravan (for R2 & R3) Government Advocate Mr.Mohamed Fiyaz Ali (for R4) Mr.M.Elumalai (for R5 & R6)
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 to 3 to take necessary actions on the petitioner's representation dated 24.9.2016 by cancelling the No Objection Certificate granted in favour of 4th respondent and converting the Boarding and Lodging into petrol bunk in Survey Number 39/1 of Oragadam Village Kancheepuram District.
2. The learned counsel for the petitioner brought to the notice of this Court that the writ petitioner died, due to COVID-19 on 13.10.2020.
3. On account of efflux of time, many changes occurred and the learned counsels appearing on behalf of the respondents also said that the petitioner cannot pursue the remedy at this length of time.
4. However, it is made clear that if any grievances exists with reference to the cause, the legal heirs of the petitioner, are at liberty to approach the competent authority for redressal of such grievances.
5. With this liberty, the writ petition stands disposed of . No Costs.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
ars
To
1.The Chairman,
State Industries Promotion Corporation of
Tamilnadu Ltd. (SIPCOT), 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-8.
2.The Managing Director, SIPCOT, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-8.
+1cc to M/s.Sudharshana Sundar, Advocate Sr No.48891
+1cc to the Government Pleader Sr No.49780
+2ccs to Mr.S.V.Vijay Prashanth, Advocate Sr No.48889
WP No.34626 of 2016
SRA (CO) PR (18/10/2021)
1 issue framed by the court
Whether the writ petition should be disposed of on account of the death of the petitioner due to COVID-19 and efflux of time.
1 provisions across 1 enactments
Mr. T. Mahesh
Chairman, State Industries Promotion Corporation of Tamilnadu Ltd.
Managing Director, SIPCOT
District Revenue Officer and Addl. District Magistrate
M/s. Indian Oil Corporation Ltd.
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
