Madras High Court
Thamilarasi vs The District Collector on 23 December, 2021
W.P.No.27821 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.27821 of 2021
Thamilarasi ...Petitioner
vs.
1. The District Collector,
Salem District, Salem.
2. The District Revenue Officer,
Salem District, Salem.
3. M/s. Hindustan Petroleum Corporation Ltd.,
Rep. By its Chief Regional Manager,
Salem Retail regional Office,
No. 395/2, 1st Main Road,
New Fairlands, Salem – 636 016.
4. The Divisional Engineer,
Construction and Maintenance (C & M),
High ways Department,
Edappadi, Salem District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the Respondents 1 and 2 to issue No
Objection Certificate (NOC) for the establishment of Petroleum Retail
MS/HSD Outlet in S.No.16/2A3, situated at Tharamangalam to Pothanur,
1/9
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W.P.No.27821 of 2021
Kurukkupatti Village, Omalur Taluk, Salem District so as to enable the
petitioner to commencing the dealership as per the Letter of Intent (LOI)
dated 05.03.2020.
For Petitioner : Mr.M.R.Jothimanian
For Respondents R1, R2 & R4 : Mr.K. Karthikeyan
Government Advocate
For Respondent R3 : Mr.M.Vijayan
ORDER
The petitioner has filed this writ petition seeking issuance of a Writ of
Mandamus to direct the Respondents 1 and 2 to issue No Objection
Certificate (in short NOC) for the establishment of Petroleum Retail
MS/HSD Outlet in S.No.16/2A3, situated at Tharamangalam to Pothanur,
Kurukkupatti Village, Omalur Taluk, Salem District so as to enable the
petitioner to commence the dealership as per the Letter of Intent (LOI) dated
05.03.2020.
2. When the matter was taken up for hearing, learned counsel for the
petitioner submitted that, the issue involved in the present Writ Petition is
squarely covered by the order dated 20.10.2021 passed by this Court in
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W.P.No.27821 of 2021
W.P.No.15877 of 2021. For better appreciation, relevant portion of the said
order is extracted below:
3. The learned counsel for the petitioner placed
reliance on the order dated 26.02.2021 passed in
W.A.(MD) No. 1054 off 2020 in C.M.P. (MD) Nos.
5781 and 7151 of 2020 (The Divisional Enginer
(C&M), Highways Department, Karur vs. R. Meenakshi
and others) and submitted that IRC guidelines are only
recommendatory and not mandatory. The learned
counsel also relied on the decision of the Honourable
Supreme Court in the case of Indian Oil Corporation
Limited and others vs. Arti Devi Dangi and another
reported in 2016 (15) SCC 480 and also the order
passed on 20.10.2020 by this Court in W.P. (MD) No.
2895 of 2020. For better appreciation, the relevant
paragraphs of the said order are reproduced hereunder:
“4. With regard to the contention of
the learned Special Government Pleader
appearing for the appellant that the
guidelines are mandatory, the learned Single
Judge placed reliance on the decision of the
Hon-ble Supreme Court in 2016 (15) SCC
480 (Indian Oil Corporation Limited and
others vs. Arti Devi Dangi and another),
wherein it was held that IRC guidelines are
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W.P.No.27821 of 2021
only recommendatory and not mandatory.
The same was also reiterated by a Division
Bench of this Court in W.P. (MD) No. 2895 of
2020, dated 20.10.2020.
5. The learned Single Judge recorded
the factual finding after taking into note of
the report of the Advocate Commissioner.
Further, the finding regarding the
non~mandatory nature of guidelines is based
upon the judgment of the Hon-ble Supreme
Court as stated supra.
...6. 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”
4. By placing reliance on the above decision, the
learned counsel for the petitioner submitted that IRC
guidelines are not mandatory and they are only
recommendatory. While so, the third and fourth
respondents are not justified in not granting No
Objection Certificate as sought for by the first
respondent.
5. On the above contention, this Court heard the
learned standing counsel for the first respondent as well
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W.P.No.27821 of 2021
as the Government Counsel for the respondents 2 to 4
and perused the materials placed.
6. The 1st respondent has issued a letter of intent
to the petitioner on 05.06.2020. As requested by the first
respondent, No Objection Certificate was issued by the
Fire and Rescue Services Department,
Police Department as well as other Departments. When
a similar No Objection Certificate was sought from the
third respondent, the third respondent appears to have
sought for an inspection report from the fourth
respondent. In effect, so far, the third respondent has
not granted No Objection Certificate to the first
respondent. In this context, in identical case, the first
Division Bench of this Court, in the judgment dated
10.08.2021 passed in WP Nos. 34652 of 2019 and 7280
of 2020, following the decision of the Honourable
Supreme Court in Indian Oil Corporation Limited and
others vs. Anti Devi Dangi and another, mentioned
supra, held that Indian Road Congress guidelines are not
mandatory and it is only recommendatory. Therefore,
the third respondent is directed to act upon, as per the
Judgment passed by the Division Bench of this Court
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W.P.No.27821 of 2021
mentioned supra, and pass appropriate orders on the
application submitted by the first respondent seeking No
Objection Certificate within a period of 4 weeks from
the date of receipt of a copy of this order.
7. Accordingly, this Writ Petition stands disposed
of. No costs.
3. In view of the foregoing, the above Writ Petition is disposed of in
terms of the above order passed by this Court dated 20.10.2021 passed in
W.P.No.15877 of 2021. No costs.
23.12.2021
Index : Yes/No
Speaking order : Yes/No
skt
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W.P.No.27821 of 2021
To:
1. The District Collector,
Salem District, Salem.
2. The District Revenue Officer,
Salem District, Salem.
3. M/s. Hindustan Petroleum Corporation Ltd.,
Rep. By its Chief Regional Manager,
Salem Retail regional Office,
No. 395/2, 1st Main Road,
New Fairlands, Salem – 636 016.
4. The Divisional Engineer,
Construction and Maintenance (C & M),
High ways Department,
Edappadi, Salem District.
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W.P.No.27821 of 2021
M.DHANDAPANI, J.
skt
W.P.No.27821 of 2021
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W.P.No.27821 of 2021
23.12.2021
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