Petitioner sought mandamus to prevent setting up of a roadside fuel retail outlet near a school in Coimbatore, citing safety hazards to students. On the hearing date no one appeared for the petitioner and the directed deposit was not made; the writ petition and connected miscellaneous petitions were dismissed with no order as to costs.
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W.P.No.3687 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.3687 of 2020
Yesothra
.. Petitioner
vs
No.26, Haddows Road, Nungambakkam, Chennai-600 034.
New Delhi-110 001.
Page 1 of 6
W.P.No.3687 of 2020
5.The Divisional Engineer (H) C&M, High Ways Coimbatore Division, No.1653/1, High Way Campus, Trichy Road, Coimbatore-641 018.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from setting up the new road side petrol/diesel retail outlet in Survey No.99/1a, Thennampalayam-Annur Road, Arasur Village, Coimbatore District and to ensure safe and healthy environment and atmosphere in Sri Vivekananda Public School by preventing serious potential hazards to the health and safety of the students.
For the Petitioner : No appearance
For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1, 2 and 5
: No appearance for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
On 2.1.2024, we had passed the following order:
“Learned counsel for the petitioner submits
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W.P.No.3687 of 2020
that the distance between the school and the retail outlet in question is 69 meters. Whereas as per the affidavit filed by the second respondent, the distance is more than 100 meters.
Learned counsel for the petitioner submits that Court Commissioner may be appointed.
The petitioner shall initially deposit Rs.50,000/- [Rupees Fifty Thousand] with the Registry. Thereafter, the request for appointment of the Court Commissioner would be considered.
List the matter on 29.01.2024.”
is called out. It is also submitted that the amount, as directed by this Court, is not deposited.
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W.P.No.3687 of 2020
There shall be no order as to costs. Consequently,
(S.V.G., CJ.) (D.B.C., J.) 29.01.2024 Index : Yes/No Neutral Citation : Yes/No bbr
To
Page 4 of 6
W.P.No.3687 of 2020
No.1653/1, High Way Campus, Trichy Road, Coimbatore-641 018.
___________ Page 5 of 6_
W.P.No.3687 of 2020
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.3687 of 2020
29.01.2024
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1 issue framed by the court
Should the respondents be restrained by mandamus from setting up a petrol/diesel retail outlet near a school in Arasur Village, Coimbatore?
1 provisions across 1 enactments
Yesothra
The District Collector, Coimbatore
The District Revenue Officer, Coimbatore District
The Joint Chief Controller of Explosives
The Secretary to Government, Ministry of Petroleum and Natural Gas
The Divisional Engineer (H) C&M, High Ways Coimbatore Division
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
