Madras High Court
P.G.M.Petrol Bunk vs The Joint Chief Controller Of ... on 20 July, 2023
WA No.1187 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA No.1187 of 2021
and CMP No.7568 of 2021
P.G.M.Petrol Bunk,
Dealer of Indian Oil Corporation,
Rep. by its Proprietor, P.Goush Basha,
Dasagonipalli, Veppanapalli
Village and Post, Krishnagiri. ... Appellant
-vs-
1. The Joint Chief Controller of Explosives,
A and D Wing, Block 1 to 8, 2nd Floor,
Shastri Bhavan, 26 Haddows Road,
Nungambakkam, Chennai.
2. The District Revenue Officer,
Krishnagiri, Krishnagiri District.
3. The Divisional Engineer,
Tamil Nadu Highways Department,
Krishnagiri.
4. The State Head,
Essar Oil Ltd., Essar House, 5th Floor,
No.7, Esplanade, Chennai 108.
5. Tamilselvi ... Respondents
Page 1 of 6
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WA No.1187 of 2021
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 11.03.2021 passed in W.P.No.35885 of 2019 on
the file of this Court.
For the Appellant :: Mr.T.Arockia Dass
For the Respondents :: Mr.T.V.Krishnamachari
for R-1
:: Mrs.R.Anitha
Spl. Govt. Pleader for RR 2 and 3
:: Mr.Vijay Meghanath for R-4
:: Mrs.Chitra Sampath,
Senior Counsel
for M/s.V.Nicholas for R-5
*****
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.T.Arockia Dass, learned counsel for the
appellant.
2. The appellant had filed the writ petition challenging the
allotment of petrol pump to respondent no.5 on the ground that the
petrol pump of respondent no.5 is situated within a distance of 170
meters from the petrol pump of the petitioner. The same is violative of
https://www.mhc.tn.gov.in/judis
WA No.1187 of 2021
guidelines under Indian Roads Congress (IRC). The said guidelines are
mandatory in nature. According to the learned counsel for the
appellant, the learned Single Judge misread the judgment of the Apex
Court and also did not consider another judgment wherein it was held
that IRC guidelines are mandatory. They are the executive
instructions.
3. We have heard Mrs.Chitra Sampath, learned senior counsel
for respondent no.5.
4. The No Objection Certificate (NOC) has been granted in favour
of respondent no.5 in the year 2019. Though earlier it was granted in
the year 2016, the same does not appear to hold good and fresh NOC
was granted in the year 2019.
5. The Government on 24.02.2022 has accepted the guidelines
in the IRC and issued a G.O.(Ms.)No.25, Highways and Minor Ports
(HN.2) Department dated 24.02.2022 wherein the minimum distance
between two retail outlets has been mandated.
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WA No.1187 of 2021
6. The same was based upon the letters issued by the Chief
Engineer (Construction and Maintenance), Highways Department,
dated 17.11.2021 and 01.12.2021. These letters were also after the
respondent no.5 was granted NOC. The Division Bench of Madurai
Bench has put a gloss over the judgment of the Apex Court in the case
of Indian Oil Corporation Limited vs Arti Devi Dangi, reported in
(2016) 15 SCC 480. As it appears that the said guidelines of IRC are
adopted subsequent to the NOC being granted to respondent no.5, the
learned Single Judge has not committed any error. The learned Single
Judge has found that the distance between the fuel station of the
appellant and of respondent no.5 is 198.5 meters.
In light of that, no case for interference is made out. The writ
appeal as such stands disposed of. There will be no order as to costs.
Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (P.D.A., J.)
20.07.2023
Index : Yes/No
Neutral Citation : Yes/No
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WA No.1187 of 2021
sra
To
1. The Joint Chief Controller of Explosives,
A and D Wing, Block 1 to 8, 2nd Floor,
Shastri Bhavan, 26 Haddows Road,
Nungambakkam, Chennai.
2. The District Revenue Officer,
Krishnagiri, Krishnagiri District.
3. The Divisional Engineer,
Tamil Nadu Highways Department,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
WA No.1187 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
WA No.1187 of 2021
20.07.2023
https://www.mhc.tn.gov.in/judis
