Madras High Court
Sekar Mathiyan vs Hindustan Petroleum Corporation ... on 20 October, 2021
WP No. 15877 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No. 15877 of 2021
Sekar Mathiyan .. Petitioner
Versus
1. Hindustan Petroleum Corporation Limited
Salem Regional Office
Level 4, “GK Towers”
Door No.395/2, First Main Road
New Fairlands
Salem – 636 016.
2. The District Collector,
Salem District.
3. The District Revenue Officer,
Salem District.
4. The Divisional Engineer (C&M),
Highways Department,
Edappadi,
Salem District. .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus directing the respondents 3 & 4 to issue NOC for the
establishment of the retail MS/HSD outlet in Survey No. 187/3A2 at Selavadai
Village, Omalur Taluk, Salem District, in favour of the petitioner without
reference to IRC 12 of 2009.
For Petitioner : Mr. A. Sundaravadhanan
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1/6
WP No. 15877 of 2021
For Respondents : Mr.Vijayan
for M/s. King and Patridge for R1
Mr.G.Krishnaraja
Government Counsel for R2-R4
ORDER
The prayer made in this writ petition is to issue a Writ of Mandamus
directing the 3rd and 4th respondents to issue No Objection Certificate in favour
of the petitioner for establishment of the retail MS/HSD outlet in Survey No.
187/3A2 at Selavadai Village, Omalur Taluk, Salem District without reference
to IRC 12 of 2009.
2. According to the petitioner, the first respondent, by notification
dated 25.11.2018, invited applications for selection of dealers for regular and
retail outlets Dealership for sale of MS/HSD. The petitioner submitted an
application in Application No. 15442743897203 for the proposed dealership at
Tharamangalam and Jalakandapuram, Salem District. Pursuant to the drawing
of lot, the first respondent issued a letter of intent on 05.06.2020 proposing to
offer the dealership of HPCL on the basis of inspection conducted by the first
respondent. Further, for granting the license at the proposed outlet, the first
respondent had applied for issuance of NOC from the 2nd respondent and the
same was forwarded to the third respondent and the other officials. On
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WP No. 15877 of 2021
enquiry, the petitioner understood that Fire and Safety Department, Police and
the Revenue Department had issued No Objection Certificate, whereas, the
third respondent had not issued NOC for want of an inspection report by the
fourth respondent. Since the third respondent has not granted No Objection
Certificate, the first respondent is likely to cancel the letter of intent issued to
the petitioner. Therefore, the petitioner has filed this writ petition.
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
https://www.mhc.tn.gov.in/judis/
Corporation Limited and others vs. Arti Devi Dangi and
WP No. 15877 of 2021
another), wherein it was held that IRC guidelines are 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
judgement 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 as the Government Counsel for the
respondents 2 to 4 and perused the materials placed.
6. The first respondent has issued a letter of intent to the petitioner
on 05.06.2020. As requested by the first respondent, No Objection Certificate
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WP No. 15877 of 2021
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 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.
20.10.2021
Index : yes/no
Internet : yes/no
av/rsh
https://www.mhc.tn.gov.in/judis/
WP No. 15877 of 2021
R. MAHADEVAN, J
av/rsh
To
1. Hindustan Petroleum Corporation Limited,
Salem Regional Office,
Level 4, “GK Towers”,
Door No.395/2, First Main Road,
New Fairlands,
Salem – 636 016.
2. The District Collector,
Salem District.
3. The District Revenue Officer,
Salem District.
4. The Divisional Engineer (C&M),
Highways Department,
Edappadi,
Salem District.
W.P. No. 15877 of 2021
20.10.2021
https://www.mhc.tn.gov.in/judis/
