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2023 Supreme(Online)(MAD) 17059
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 08.08.2023 Pronounced on : 15.09.2023 CORAM : JUSTICE N.SESHASAYEE W.P.No.11478 of 2021 and WMP.No.12211 of 2021 R.Shiva Prasad ... Petitioner Vs.
1.The Principal Secretary Highways and Minor Ports Department Fort St.George Secretariat Chennai - 600 009.
2.The District Collector Coimbatore District Coimbatore - 641 018.
3.The District Revenue Officer State Bank Road Coimbatore - 641 018.
4.The Divisional Engineer Construction & Maintenance Highways Department Coimbatore.
5.Hindustan Petroleum Corporation Limited Coimbatore Regional Office Rep by Deputy General Manager HP House
18/3, Big Bazar Street Coimbatore - 641 001. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent in his order dated 20.07.2020 in Na.Ka.No.3973/2019/E.Va.A, and the third respondent in his order dated 24.11.2020 in Na.Ka.No.25532/2019/O1 and quash the same and consequently to direct the respondents 1 to 4 to issue no objection certificate for setting up retail petroleum outlet of the fifth respondent in S.F.No.944/1B, 24 Veerapandi Village, Anaikatti, Coimbatore.
For Petitioner : Mr.Sam Jayaraj Houston of M/s.Sarvabhauman Associates For Respondents : Mr.V.Manoharan Additional Government Pleader for R1-R4 Mr.Babu Rangasamy Associates for R5
ORDER
The petitioner has applied for a dealership to have a retailed outlet for petrol and diesel with the 5th respondent. As part of the norms, the petitioner has to obtain a NOC from the District Collector, the 2nd respondent. The District Revenue Officer vide his impugned proceedings dated 24.11.2020 rejected the same on the ground that the intended petrol bunk of the petitioner falls within 30 kms from the nearest petrol bunk, and that as per IRC-12 Clause
4.6.2, the distance between two petrol bunks must be at least 300 metres.
2. According to the petitioner, the distance between the nearest petrol bunk from the proposed site is 1.4 Kms. The learned counsel submitted that the District Collector has considered only Clause 4.6.2, but not Clause 4.6.3.
3. A few Division Bench of this Court which includes the First Court of this Court, at various points of time, have consistently held that IRC Guidelines - 2009, does not have any statutory effect and that its strict compliance is not required. See: A. Periasamy Vs Deputy Director & Others [2021 SCC OnLine 2860], Devaraj Venkitachalam Vs Additional Chief Secretary, [2019 SCC OnLine 8587], M.G. Saravanan v. The Commissioner of Police [W.P. (MD) No. 2895 of 2020, dated 20.10. 2020]. This ratio was subsequently followed by some of the learned Single Judges of this Court as well. This now follows, that the decision of the District Revenue Officer, the third respondent herein in refusing NOC for establishing a petroleum retail outlet, to petitioner based solely on IRC-2009 is faulty.
4. This Court therefore, is constrained to allow this petition, sets aside the proceedings of the third respondent, dated 24.11.2020, and remands the matter back to him for a fresh consideration in terms of the law that has been explained herein above. No costs. Consequently, connected miscellaneous petition is closed.
15.09.2023 Index : Yes / No Speaking order / Non-speaking order anu/ds To:
1.The Principal Secretary Highways and Minor Ports Department Fort St.George Secretariat Chennai - 600 009.
2.The District Collector Coimbatore District Coimbatore - 641 018.
3.The District Revenue Officer State Bank Road Coimbatore - 641 018.
4.The Divisional Engineer Construction & Maintenance Highways Department Coimbatore.
N.SESHASAYEE.J., ds Pre-delivery order in
15.09.2023
