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2012 Supreme(Mad) 4011

P.JYOTHIMANI, S.VIMALA
N. Madhavan – Appellant
Versus
Deputy Collector, Govt. of Pondicherry, Karaikal – Respondent


Advocate Appeared:
For the Petitioner:R1 -G. Nagarajan, Krishnasrinivasan for M/s. S. Ramasubramaniam & Associates T.M. Hariharan, Advocate.
For the Respondents:M/s. Mala, Govt. Pleader [Pondy], R. Ravi, M. Gopikrishna, Advocates, V. Viswanathan, AGP.

Judgment :-

Heard the learned counsel appearing for the parties and perused the records.

2. W.P.No.5023 of 2010 has been filed challenging the order passed by the first respondent, viz., the Deputy Collector [Revenue], Government of Pondicherry, by which the first respondent has directed the Senior Divisional Retail Manager of Indian Oil Corporation, viz., the second respondent, to de-energise the retail outlet of Indian Oil Corporation Limited at Melavanjore, Karaikal.

3. It is seen that for the purpose of commencing a petroleum outlet as per the Rules prescribed, the petitioner in W.P.No.5023 of 2010 has made an application on 20.6.2005 through the second respondent, to the Government of Pondicherry, and the Government, through the Sub Divisional Magistrate, has issued a No Objection Certificate [NOC] on 22.11.2005 to the effect that they have no objection for giving permission to the writ petitioner to open a petroleum outlet of Indian Oil Corporation, however, subject to various conditions. One such conditions is that a separate approval and NOC should be obtained from the Ministry of Surface, Road Transport & Highways, [in short 'MORTH'], viz., the third respondent, since the























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