Madras High Court
Vijayan Palanisamy vs The District Collector on 19 January, 2022
WP No.473 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.473 of 2022
Vijayan Palanisamy .. Petitioner
Versus
1. The District Collector,
Salem District, Salem.
2. The District Revenue Officer,
Salem District, Salem.
3. M/s. Bharat Petroleum Corporation Ltd.,
Rep. By its Territory Manager (Retail)
Karur Retail Territory,
Sthur & Kadapparai Village,
Karur-639 008.
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
praying for issuance of 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. 180 / 2 Situated at KR Thoppur Power Grid
to Tharamangalam Karukkalavadi Village Omalur Taluk Salem District so as
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WP No.473 of 2022
to enable the petitioner to commencing the dealership as per the Letter of
Intent (LOI) dated 29.02.2020.
For Petitioner : Mr.R.Jothimanian
For Respondents : Mr.P.Gurunathan RR1 and 2
Additional Government Pleader
Mr.M.Vijayan RR3 & 4
M/s. Kings and Paradise
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
(NOC) for the establishment of Petroleum Retail MS / HSD outlet in S.No.
180 / 2 Situated at KR Thoppur Power Grid to Tharamangalam
Karukkalavadi Village Omalur Taluk Salem District so as to enable the
petitioner to commencing the dealership as per the Letter of Intent (LOI) dated
29.02.2020.
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
W.P.No.15877 of 2021. For better appreciation, relevant portion of the said
order is extracted below:
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WP No.473 of 2022
''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 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
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nature of guidelines is based upon the judgment of
WP No.473 of 2022
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 1 st 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
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effect, so far, the third respondent has not granted
WP No.473 of 2022
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.''
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.
19.01.2022
rli
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WP No.473 of 2022
M. DHANDAPANI, J.
rli
To
1. The District Collector,
Salem District, Salem.
2. The District Revenue Officer,
Salem District, Salem.
3. M/s. Bharat Petroleum Corporation Ltd.,
Rep. By its Territory Manager (Retail)
Karur Retail Territory,
Sthur & Kadapparai Village,
Karur-639 008.
4. The Divisional Engineer,
Construction and Maintenance (C & M),
High ways Department,
Edappadi, Salem District.
W.P. No.473 of 2022
19.01.2022
https://www.mhc.tn.gov.in/judis
