Madras High Court
Mrs.R.Glory Lilly Christy vs The District Collector on 29 April, 2021
W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
Mrs.R.Glory Lilly Christy .. Petitioner
Vs.
1.The District Collector
Ponneri, Tiruvallur District
2.The District Revenue Officer
Ponneri Taluk, Ponneri
3.The Tahsildar
Taluk Office, Ponneri .. Respondents
****
PRAYER: Writ Petition filed Under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus direct the 1st respondent to
issue No Objection Certificate for establishment of retail outlet of the
Indian Oil Corporation Limited at Survey No.112/7, Chekkencherry
Village, Ponneri Taluk, Thiruvallur District expeditiously in favour of the
petitioner in accordance with the letter of allotment of Indian Oil
Corporation Limited dated 12.2.2016 followed by a detailed enquiry and
representation dated 02.03.2020 participated by the petitioner before
the 3rd respondent.
****
For Petitioner : Mr.S.Babu
For Respondents : Mr.B.Anand, Govt. Advocate
https://www.mhc.tn.gov.in/judis/
Page No.1 of 9
W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
ORDER
This petition is filed for a writ of mandamus to direct the 1st
respondent to issue a No Objection Certificate for establishment of retail
outlet of the Indian Oil Corporation Limited at Survey No.112/7,
Chekkencherry Village, Ponneri Taluk, Thiruvallur District expeditiously
in favour of the petitioner in accordance with the letter of allotment of
Indian Oil Corporation Limited dated 12.2.2016 followed by a detailed
enquiry and representation dated 02.03.2020 participated by the
petitioner before the 3rd respondent.
2. The case of the petitioner is that she was granted permission to
run a petrol retail outlet by Indian Oil Corporation Limited on
31.12.2015. On 12.02.2016, IOCL sought for a No Objection Certificate
from the District Collector, Tiruvallur for commencement of retail outlet
in petitioner's property at Survey No.112/7, Chekkencherry Village,
Ponneri Taluk, Tiruvallur District. According to the petitioner, the 1st
respondent - District Collector is the competent authority to issue a No
Objection Certificate. The third respondent - Tahsildar and the 2nd
respondent District Revenue Officer have conducted enquiry, inspected
the premises and scrutinized the records for obtaining NOC from fire
service, police and the revenue inspector. They have submitted a
detailed report after enquiry of the petitioner.
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W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
3. It is the further contention of the petitioner that she clarified to
the respondents that grama natham property is a private property over
which patta can be granted to private persons. She further submitted
that patta stands in her name with reference to the proposed land over
which the Indian Oil Corporation Petrol pump is proposed to be
commenced. As the petitioner has patta in her name, there is no
impediment for the respondents to grant No Objection Certificate for
commencement of a petrol retail outlet.
4. It is the further contention of the petitioner that utilisation of
grama natham property for commercial purposes has also been
recognised by this High Court in several decisions. Hence she has filed
the instant writ petition for a No Objection Certificate.
5. Per contra, it is the contention of the respondents that as per
the village records, the land in S. No.112/7, Checkancherry Village,
Ponneri Taluk, Tiruvallur District is in the name of the petitioner. The
Respondents have quoted a judgment of the Hon'ble First Bench of this
court in W.P. No.29264 of 2016 dated 26.09.2016, as follows:
".... The pathetic situation prevailing in this part
of the globe, as we observed is that, ignoring the fact
that Gramanatham land is a common village land, the
greedy persons like the writ petitioner in this case are
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W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
indulging in activities, which are purely commercial in
nature. When the appellants themselves have
accepted in all fairness that patta has been issued
erroneously and that they have initiated necessary
proceedings to cancel the same, we are unable to
find fault with the impugned action initiated by the
appellants herein. This rampant practice of misusing
the Gramanatham lands in this part of the globe has
to be curtailed immediately, so as to protect the
common village lands for the welfare of the public in
general. Therefore, the Government of Tamil Nadu
and its revenue officials are directed to strictly
protect the Gramanatham lands from being misused,
particularly for commercial purpose.
2. The aforesaid aspect will be kept in mind by
the respondent/authorities while examining the
utilisation of the Gramanatham lands...."
6. In the rejoinder, the petitioner has reiterated her stand and
stated that once patta has been issued in favour of an individual in the
light of the petition, the gramanatham is a site/land cannot be termed
as government property. It is the further contention of the petitioner
that the decision of the Hon'ble First Bench of this court dated
26.09.2016 following the decision in 2012 (4) MLJ 646, is not applicable
to the facts of the case. The decision relied on by the respondents was
passed in a case where the classification of the property was illegal and
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W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
patta has been obtained erroneously. But, the case of the petitioner is
different from the same, as the property in which the proposed retail
outlet is going to be set up, is a private property, classified as Grama
natham and hence the respondents have no hesitation to issue an NOC.
7. Heard both sides and perused the materials available on record.
8. It is an admitted fact that Indian Oil Corporation Ltd has
granted permission to the petitioner to run a petrol pump retail outlet on
31.12.2015 and that for setting up the same, they have sought for a No
Objection Certificate from the District Collector, Tiruvallur for
commencement of retail outlet in petitioner's property at Survey
No.112/7, Chekkencherry Village, Ponneri Taluk, Tiruvallur District.
9. From the materials available in the form of typed set of papers,
it is seen that the third respondent - Tahsildar and the 2nd respondent
District Revenue Officer have conducted an enquiry, inspected the
premises and scrutinized the records for obtaining NOC from fire
service, police and the revenue inspector and they have submitted a
detailed report, after enquiry with the petitioner and after hearing the
legal incidents, and have recommended for a NOC and it is the first
respondent/District Collector, Ponneri District, has to issue the same.
https://www.mhc.tn.gov.in/judis/
W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
10. In State of Tamil Nadu vs. Madasami reported in 2012 (2)
CTC 315, a learned single Judge of this court has held that once a
property has been classified as gramanatham house sites with or
without buildings cannot be claimed by Government as a property
belonging to Government. Person occupying a grama natham land when
puts up a construction, vacant site becomes house site of that person
and character of property changes and person, who has been vested
with the right of said site or property entitled to transfer the same to
anybody, the Government has no right to interfere with his accrued
right, who occupied a grama natham land.
11. In the case on hand, the property over which, the proposed
retail outlet is going to be set up, is a private property classified as
Gramanatham and patta has been issued in favour of the petitioner to
the said land, the first respondent has no impediment for issuing a No
Objection Certificate.
12. In similar matters, it has already been held by this court that
IRC Guidelines are only recommendatory and not mandatory. A Division
Bench of this court, in a recent judgment in W.A. (MD) No.1054 of 2020
dated 26.02.2021, has held as follows:
" 7. Admittedly, in the present case, no objection
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W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
was sought not for a State Highway. Thus, in the absence
of any contrary material to hold that the findings are not
factually correct, we are not inclined to allow this Writ
Appeal. Accordingly, the Writ Appeal stands dismissed.
8. We also take note of the subsequent
communication of the Joint Secretary, Government of
India, Ministry of Petroleum and Natural Gas, New Delhi to
the Principal Secretary, Highways and Minor Ports
Department, stating that IRC norms are meant to be used
only on Highways alone and that too, based upon traffic,
which is also not the case before us. No costs.
Consequently, connected miscellaneous petitions are
closed."
13. Time and again, the Hon'ble Apex Court and this court, in a
catena of cases, have held that IRC guidelines are only
recommendatory. Hence, the respondent cannot blindly reject NOC,
without considering the case on merits.
14. In view of the above, the first respondent is directed to issue a
No Objection Certificate to the petitioner for establishment of a retail
outlet of Indian Oil Corporation Ltd. in Survey No.112/7, Chekkencherry
Village, Ponneri Taluk, Thiruvallur District, within a period of four weeks
from the date of receipt of a copy of this order.
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W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
15. With the above direction, the writ petition is disposed of.
However, there is no order as to costs. Consequently, the connected
writ miscellaneous petition is closed.
29.04.2021
Index : Yes / No
Internet : Yes/No
Asr
To
1.The District Collector
Ponneri, Tiruvallur District
2.The District Revenue Officer
Ponneri Taluk, Ponneri
3.The Tahsildar
Taluk Office, Ponneri
https://www.mhc.tn.gov.in/judis/
W.P.No.19950 of 2020 and
W.M.P. No.24632 of 2020
PUSHPA SATHYANARAYANA, J.
Asr
W.P.No.19950 of 2021 and
W.M.P. No.24632 of 2020
Dated : 29.04.2021
https://www.mhc.tn.gov.in/judis/
