K.Mohanan Vs the Government of Puducherry

1.The Government of Puducherry rep. by its Chief Secretary to Government, Chief Secretariat of Government of Puducherry Beach Road, White Town Puducherry - 605 001.

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2.The District Magistrate – cum- District Collector O/o the District Magistrate -cum- District Collector Puducherry.

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3.The Sub-Divisional Magistrate O/o the Sub Divisional Magistrate Mahe, Puducherry.

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4.The Regional Administrator / Deputy Collector (Revenue) O/o the Deputy Collector (Revenue ) cum District Magistrate Mahe, Puducherry.

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W.P.No.28684 of 2024

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5.The Superintendent of Police O/o the Superintendent of Police Mahe, Puducherry.

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6.The Divisional Fire Officer O/o the Divisional Fire Officer, Mahe, Puducherry.

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7.The Commissioner O/o the Commissioner Mahe Municipality, Puducherry.

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8.The Executive Engineer (PWD) O/o the Executive Engineer, Public Works Department (PWD) Mahe, Puducherry.

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9.The Town and Country Planning Department Mahe, Puducherry.

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10.The Divisional Manager (Retail) Indian Oil Corporation Limited, II Floor, PMK Towers Civil Station Post Wayanad Road, Kozhikode - 673 020.

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11.The Deputy Tahsildar (Revenue) O/o the Deputy Tahsildar (Revenue) Sub Taluk Office Mahe, Puducherry.

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W.P.No.28684 of 2024

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12.The Joint Chief Controller of Explosives Ministry of Commerce and Industries Government of India

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Petroleum and Explosives Safety Organization (PESO) A and D Wing Block, 1-8, 2nd Floor, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai - 600 028

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13.Ministry of Road Transport and Highways rep. by its Secretary (S and R (P and B) Section) Transport Bhavan, 1, Parliament Street, New Delhi - 110 001.

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14.C.Jasim Musthafa

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15.The Member Secretary Mahe Planning Authority 1st Floor, Civil Station, Mahe, Puducherry - 673 310. .. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records pertaining to the order of the 2nd respondent dated 03.07.2024 in No.13784/DM/D3/2024/8303 and quash the same and cancel the NOC granted in favor of the 10^th and 14^th respondents, to put up a MS/HSD Retail Outlet at R.S.No 27/16, Pandakkal Revenue Village, Mahe Sub Taluk, Puducherry.

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W.P.No.28684 of 2024

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For Petitioner : Mr.S.Hari Prasad for Mr.Ilayaraja Kandasamy For Respondents : Mr.S.Raveekumar Govt. Pleader (Puducherry) for respondent Nos.1 to 9, 11 and 15 : Mr.K.Ramanamurthy Senior Panel Counsel for respondent Nos.12 and 13 : Mr.Mohammed Fayaz Ali for respondent No.10 : Ms.Gopika Nambiar for respondent No.14

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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Petitioner, who claims to be a maistry, a daily coolie worker, is seeking issuance of a writ of certiorarified mandamus to quash the No Objection Certificate (NOC) issued to respondent Nos.10 and 14 to put up a MS/HSD Retail Outlet at Pandakkal Revenue Village, Mahe Sub Taluk, Puducherry.

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Petitioner's case is premised primarily on two grounds: (a) that there are sufficient number of petroleum pumps in Mahe area and no new petrol pump is required and, therefore, granting of NOC would result in traffic congestion in the area; and (b) that respondent No.1, i.e., Government of Puducherry, had, in the year 2005, taken a decision not to allow any fresh petrol pump in Mahe area.

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Counter affidavits have been filed and one of the grounds raised by respondent No.14 is that petitioner has been set up by one C.Manoj, who owns a MS/HSD Retail Outlet bang opposite the place where the retail outlet of respondent Nos.10 and 14 is coming up.

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Ms.Gopika submitted that the brother of C.Manoj, one C.Mahesh, had filed a public interest litigation earlier, which came to be disposed of by an order passed by this court on 16.5.2024, whereby the District Collector, Mahe, Puducherry State, was directed to consider the representation of said C.Mahesh within a period of four weeks. The District Collector was also

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directed to give a personal hearing to all parties concerned and the District Collector, after hearing all the parties, passed a reasoned order dated 3.7.2024 holding that the objections filed by the said C.Mahesh do not find any merit.

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It is also a strange coincidence, perhaps Mahe being a small area, that petitioner's address is Moolakkadavu, Pandakkal, Mahe, Puducherry, and the address of C.Mahesh is also Moolakkadavu, Pandakkal, Mahe, Puducherry.

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As regards the policy decision taken in 2005, the Collector has, in his order, mentioned that a policy decision has been taken to issue fresh NOCs for establishing new MS/HSD retail outlets in Mahe region and why such a policy decision has been taken is also mentioned in the order dated 3.7.2024. The reasons are: (a) introduction of new National Highway Bypass (Thalassery-Mahe); (b) revenue generation to the exchequer; and (c) based on the representations received from Minister of State of Railways, Government of India, present elected representative of Mahe

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Constituency, Regional Administrator of Mahe and many other individual representations.

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Whether a retail outlet should be established for dispensing MS/HSD is a policy decision of the government/authorities concerned. The court cannot sit in appeal over the same, unless the petitioner is able to show arbitrariness or mala fides in the decision taken. We find none.

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In these circumstances, without adverting to various allegations made by respondents in their counter, we dismiss the petition. There shall be no order as to costs. Consequently, interim applications stand closed.

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(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 09.01.2025 Index : Yes/No NC : Yes/No sasi

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W.P.No.28684 of 2024

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To:

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1.The Chief Secretary to Government, Government of Puducherry Chief Secretariat of Government of Puducherry Beach Road, White Town Puducherry - 605 001.

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2.The District Magistrate – cum- District Collector O/o the District Magistrate -cum- District Collector Puducherry.

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3.The Sub-Divisional Magistrate O/o the Sub Divisional Magistrate Mahe, Puducherry.

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4.The Regional Administrator / Deputy Collector (Revenue) O/o the Deputy Collector (Revenue ) cum District Magistrate Mahe, Puducherry.

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5.The Superintendent of Police O/o the Superintendent of Police Mahe, Puducherry.

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6.The Divisional Fire Officer O/o the Divisional Fire Officer, Mahe, Puducherry.

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7.The Commissioner O/o the Commissioner Mahe Municipality, Puducherry.

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8.The Executive Engineer (PWD) O/o the Executive Engineer, Public Works Department (PWD) Mahe, Puducherry.

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9.The Town and Country Planning Department Mahe, Puducherry.

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10.The Divisional Manager (Retail) Indian Oil Corporation Limited, II Floor, PMK Towers Civil Station Post Wayanad Road, Kozhikode - 673 020.

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11.The Deputy Tahsildar (Revenue) O/o the Deputy Tahsildar (Revenue) Sub Taluk Office Mahe, Puducherry.

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12.The Joint Chief Controller of Explosives Ministry of Commerce and Industries Government of India Petroleum and Explosives Safety Organization (PESO) A and D Wing Block, 1-8, 2nd Floor, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai - 600 028

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