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2022 Supreme(Mad) 555

ABDUL QUDDHOSE
Padma Highways Filling Station, represented by its Managing Partner, M. V. S. Suryanarayana Raju – Appellant
Versus
Regional Administrator cum-Sub Divisional Magistrate, Government of Puducherry, Yanam – Respondent


Advocates Appeared:
For the Petitioner: L. Swaminathan.
For the Respondents: C.T. Ramesh, Additional Government Pleader (Pondy), S.S. Varma, SPC, K. Ramanamoorthy, Central Government Standing Counsel, A. Sathyabama, Standing Counsel, Mohammed Fayaz Ali.

JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the records of the impugned no objection certificate No.4178 / SDMY / D3/ Petrol / 2021 – 22 dated 12.01.2022 issued by the Regional Administrator-cum-Sub-Divisional Magistrate, Yanam, Government of Puducherry and to quash the same as non-est, ultra vires & void-ab-initio in the eyes of Law and consequently to direct the Project Director, Ministry of Road Transport and Highways, Government of India, Project Implementation Unit, Machilipattinam, Vijayawada to cancel and annul the in-principle approval letter dated 22.12.2021 for grant of No Objection Certificate and access permission for laying approach road to M/s.Hindustan Petroleum Corporation Limited to set up a retail outlet for MS (Petrol) / HSD (Diesel) at Town Survey NO.C/7/16/1C Pt., C/7/13/4B Pt., C/7/13/5A Pt., Kanakalapeta, Yanam, Union Territory of Puducherry by declaring the same as illegal, sham, vitiated, without application of mind, contrary to guidelines.)

The petitioner is running a p

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