Petition challenged rejection of NOC for a petroleum retail outlet. The court noted the petitioner had cured plan defects with a new approved plan and directed resubmission within two weeks and fresh consideration by the District Revenue Officer on merits.
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W.P.No.26391 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.26391 of 2024 and
W.M.P.No.43138 of 2024
S.Gopalakrishnan
... Petitioner
vs.
W.P.No.26391 of 2024
7.M/s.Nayara Energy Limited, Coimbatore Division, 5th Floor, Mayflower Valencia, 326/2, Avinashi Road, Nava India, Coimbatore - 641004
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for entire records pertaining to the impugned order dated 31.07.2024 in Moo.Mu.1032/2024/J1 on the file of the 1 st Respondent, quash the same and consequently direct the 1 st respondent to issue No Objection Certificate (NOC) for the establishment of the retail MS/HSD outlet in Survey No. 907A/2B, Karumathampatti Village, Sulur Taluk, Coimbatore, 641659 in favour of the petitioner.
For Petitioner : Mr.G.Govarthanan
For R1, R5 and R6 : Mr.V.Ramesh Government Advocate
For R2 and R4 : Mr.G.Ameedius Government Advocate
O R D E R
The Writ Petition is filed challenging the order passed by the 1st
respondent in Moo.Mu.1032/2024/J1, dated 31.07.2024 rejecting the
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application filed by the petitioner seeking 'No Objection Certificate' for running a Petrol Bunk in Survey No. 907A/2B, Karumathampatti Village, Sulur Taluk, Coimbatore.
2. The 7 th respondent herein issued a Letter of Allottment in favour of the petitioner for running a new retail outlet of petroleum products pursuant to the application of the petitioner dated 10.01.2024. The petitioner herein submitted an application before the 1 st respondent seeking 'No Objection Certificate' for running petroleum retail outlet in the above mentioned place. The site was inspected by jurisdictional Police Inspector and a communication was sent to the 3 rd respondent regarding 'No Objection Certificate'. The 1 st respondent without considering any of the documents submitted by the petitioner, by order dated 31.07.2024 rejected the application of the petitioner seeking 'No Objection Certificate' for opening retail outlet. Aggrieved by the same, the petitioner has come before this Court.
3. A perusal of the impugned order passed by the 1 st respondent would suggest that the application of the petitioner for No Objection
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Certificate was rejected by the 1 st respondent by pointing out various defects in the plan submitted by the petitioner.
4. The learned counsel appearing for the petitioner submitted that subsequent to the impugned order, the petitioner prepared a new plan for the site curing the defects pointed out by the 1 st respondent and got approval from the Ministry of Commerce and Industry, Government of India. The new plan prepared by the petitioner is enclosed in the additional typed-set of papers filed by the petitioner dated 07.01.2025.
5. Since the petitioner prepared a new plan curing the defects pointed by the 1 st respondent, the petitioner is directed to resubmit his application seeking 'No Objection Certificate' along with new plan prepared by him before the 1 st respondent, within a period of two weeks from the date of receipt of copy of this order. The 1 st respondent is directed to consider the new plan to be submitted by the petitioner and pass necessary final orders on its own merits and in accordance with law, within a period of eight weeks from the date of submission of the new plan by the petitioner, after giving reasonable opportunity to the petitioner.
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6. With the above directions, the Writ Petition stands disposed of. No
costs. Consequently, the connected writ miscellaneous petition is closed.
07.01.2025
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
To
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S.SOUNTHAR, J.
dm
W.P.No.26391 of 2024
07.01.2025
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1 issue framed by the court
Whether the rejection of the petitioner's application for a No Objection Certificate for a petrol retail outlet should be set aside.
1 provisions across 1 enactments
S.Gopalakrishnan
The District Revenue Officer, Coimbatore District, Tamilnadu
The Divisional Engineer, Highway Department (Construction and Maintenance) Coimbatore
The Superintendent of Police, Coimbatore
The District Officer, Fire, Rescue Services, Coimbatore District
M/s.Nayara Energy Limited
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
