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2023 Supreme(Online)(MAD) 17059

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SESHASAYEE
R.Shiva Prasad – Appellant
Versus
The Principal secretary – Respondent


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 [

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