Subashini vs The District Collector
2023 Latest Caselaw 14293 Mad

Citation : 2023 Latest Caselaw 14293 Mad
Judgement Date : 16 November, 2023

Madras High Court

Subashini vs The District Collector on 16 November, 2023

                                                                        W.A.(MD)No.1981 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 16.11.2023

                                                     CORAM:

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                      AND
                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                          W.A.(MD)No.1981 of 2023
                                                    and
                                         C.M.P.(MD)No.15564 of 2023

                Subashini                                             ... Appellant
                                                      Vs.

                1.The District Collector,
                  District Collectorate,
                  Nagercoil, Kanyakumari District.

                2.The District Revenue Officer,
                  District Collectorate,
                  Nagercoil, Kanyakumari District.

                3.The Executive Officer,
                  Kollemcode Town Panchayat,
                  Kollemcode Post, Kanyakumari District-629 160.

                4.The Tahsildar,
                  Tholayavattam,
                  Kanyakumari District-629 171.

                5.The Village Administrative Officer,
                  Kollemcode (A) Village,
                  Kollemcode Post, Kanyakumari District-629 160.

                1/6


https://www.mhc.tn.gov.in/judis
                                                                                        W.A.(MD)No.1981 of 2023


                6.The District Environment Engineer,
                  Tamil Nadu Pollution Control Board,
                  No.318/46a, Water Tank Road,
                  Nagercoil, Kanyakumari District-629 001.

                7.The Chief Divisional Retail Sales Manager,
                  Indian Oil Corporation Limited,
                  Madurai Divisional Office,
                  No.2, Race Course Road,
                  Chokkikulam, Madurai-625 002.

                8.Anil Kumar.T.V.                                                     ...Respondents

                PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
                the order passed in W.P.(MD)No.20228 of 2022, dated 14.08.2023 on the file of
                this Court.


                                           For Appellant     : Mr.C.K.M.Appaji
                                           For R1 to R6      : Mr.S.P.Maharajan,
                                                              Special Government Pleader
                                           For R8            : Mrs.J.Anandhavalli


                                                           JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM.J.)

This Writ Appeal has been instituted against the order dated 14.08.2023

passed in W.P.(MD)No.20228 of 2022.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1981 of 2023

2.The learned Single Judge, while considering the issues, formed an

opinion that the authorities competent are bound to take a decision whether a

single house in that locality can be construed as a residential area within the

definition provided under the regulations for the purpose of rejecting the licence to

run Petroleum Retail Outlet. However, the disputed facts in this regard are to be

considered by the competent authorities by conducting field inspection and by

considering the issues raised between the parties.

3.The learned counsel appearing on behalf of the 8th respondent has

made a submission that there are more than one houses situated in that locality and

therefore, the facts placed by the appellant are incorrect. However, the learned

Single Judge remitted the matter to the authorities competent for fresh

consideration, which is to be undertaken with reference to the rules and

regulations. Thus, the order remitting the matter would not cause prejudice to the

appellant and the appellant is at liberty to participate in the process of adjudication

to be conducted by the competent authorities afresh. The authorities competent

shall decide the issues based on the pleadings between the parties by conducting

field inspection and uninfluenced by the observations made by the learned Single

Judge in the order impugned.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1981 of 2023

4.With these observations, this Writ Appeal stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.





                                                                   (S.M.S., J.) & (V.L.N., J.)
                                                                              16.11.2023
                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                Yuva

                To

                1.The District Collector,
                  District Collectorate,

Nagercoil, Kanyakumari District.

2.The District Revenue Officer, District Collectorate, Nagercoil, Kanyakumari District.

3.The Executive Officer, Kollemcode Town Panchayat, Kollemcode Post, Kanyakumari District-629 160.

4.The Tahsildar, Tholayavattam, Kanyakumari District-629 171.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1981 of 2023

5.The Village Administrative Officer, Kollemcode (A) Village, Kollemcode Post, Kanyakumari District-629 160.

6.The District Environment Engineer, Tamil Nadu Pollution Control Board, No.318/46a, Water Tank Road, Nagercoil, Kanyakumari District-629 001.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1981 of 2023

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva

W.A.(MD)No.1981 of 2023