Madras High Court
R.Santhakumar vs Indian Oil Corporation Limited on 15 April, 2021
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 & 9187 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 and 9187 of 2021
R.Santhakumar .. Petitioner
Vs.
1.Indian Oil Corporation Limited
(Marketing Division) Salem Division Office
No.234, First Floor, N.H.7,
Salem - Bangalore Bye-Pass Road
Kondampattu, Salem - 636 010
2.The District Revenue Officer
Namakkal District
3.The Divisional Engineer (C&M)
Highways Department
Mohanur Road, Namakkal .. Respondents
****
PRAYER: Writ Petition filed Under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus, calling for the
records comprised in K.Dis No.15387/2020 (M1) dated 8.1.2021, on the
file of the second respondent, quash the same and consequently direct
the second respondent to issue NOC for the establishment of the retail
MS/HSD outlet in Survey No.232/2 at Tholur Village, Mohanur Taluk,
Namakkal District, in favour of the petitioner.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 & 9187 of 2021
For Petitioner : Mr.R.Bharanidharan
For Respondents : Mr.Anantha Natarajan for R1
Mr.V.Shanmugasundar,
Spl.GP for R2
Mr.M.Loganathan, AGP for R3
ORDER
Challenging the order of the second respondent dated 08.01.2021
made in K.Dis No.15387/2020 (M1) and also for a consequential
direction to the second respondent to issue a No Objection Certificate for
establishing a retail MS/HSD outlet in Survey No.232/2 at Tholur Village,
Mohanur Taluk, Namakkal District, the petitioner has knocked at the
doors of this court, for the said relief.
2. According to the petitioner, when he has applied for a No
Objection Certificate, the same was rejected by the second respondent,
stating that already the third respondent, namely the Divisional Engineer
(C&M), has not recommended to issue a No Objection Certificate for the
retail outlet as per IRC:12-2009 - Guidelines for Access, Location and
Layout of Roadside Fuel Stations and Service Stations. Hence, as per the
Government instructions, No Objection Certificate sought for by the
petitioner was also rejected.
https://www.mhc.tn.gov.in/judis/
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 & 9187 of 2021
3. Learned counsel appearing for the petitioner would submit that
the petitioner was not aware of even the rejection of the No Objection
Certificate by the third respondent and that even the present impugned
order was directly addressed only to the Oil Corporation.
4. 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 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."
5. 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,
https://www.mhc.tn.gov.in/judis/
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 & 9187 of 2021
without considering the case on merits.
6. In view of the above, the writ petition is allowed. The impugned
order of the second respondent dated 08.01.2021 made in K.Dis
No.15387/2020 (M1), is set aside. The second respondent is directed to
issue a No Objection Certificate for the establishment of MS/HSD retail
outlet in Survey No.232/2 at Tholur Village, Mohanur Taluk, Namakkal
District, if otherwise everything is in order within a period of six weeks
from the date of receipt of a copy of this order. However, there is no
order as to costs. Consequently, the connected writ miscellaneous
petitions are closed.
15.04.2021
Index : Yes / No
Internet : Yes/No
Asr
To
1.Indian Oil Corporation Limited
(Marketing Division) Salem Division Office
No.234, First Floor, N.H.7,
Salem - Bangalore Bye-Pass Road
Kondampattu, Salem - 636 010
2.The District Revenue Officer
Namakkal District
3.The Divisional Engineer (C&M)
Highways Department
Mohanur Road, Namakkal
https://www.mhc.tn.gov.in/judis/
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 & 9187 of 2021
PUSHPA SATHYANARAYANA, J.
Asr
W.P.No.8634 of 2021 and
W.M.P. Nos.9185 and 9187 of 2021
Dated : 15.04.2021
https://www.mhc.tn.gov.in/judis/
