IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.34405 of 2023 R.Sarath Kumar ... Petitioner Vs.

1.Indian Oil Corporation, Rep.by its General Manager (Retail Sales), Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai-600 018.

2.The District Collector, Kancheepuram.

3.The District Revenue Officer, Kancheepuram District, Kancheepuram.

4.The Divisional Engineer (Highways)

Construction and Maintenance, Chengalpet, Chengalpet District-603 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration, to declare that the action of the fourth respondent in not issuing the ‘No Objection Certificate’ to the petitioner for establishing retail outlet of Motor Spirit (MS)/High Speed Diesel (HSD) Filling Station at Survey No.282/4B2B & 4A2 at Manimangalam Village, Kundrathur Taluk, Kancheepuram District, as illegal, arbitrary and contrary to law and consequently, direct the respondents 2 to 4 to issue ‘No Objection Certificate’ to the petitioner for establishing new “A” Site Retail Outlet of Motor Spirit (MS)-Petrol/High Speed Diesel (HSD) Filling Station at Survey No.282/4B2B & 4A2 at Manimangalam Village, Kundrathur Taluk, Kancheepuram District to cater to the fuel requirement for Motoring public, pursuant to the petitioner being awarded of Retail Outlet Dealership by the first respondent through its communication dated 31.01.2020 within the time frame stipulated by this Court.

For Petitioner : Mr.Balan Haridas For Respondents : Ms.Revathi Manivannan for R1 Ms.S.Anitha Special Government Pleader for R2 to R4 O R D E R The petitioner in this writ petition has sought for No Objection Certificate for establishing retail outlet of Motor Spirit (MS)/High Speed Diesel (HSD) Filling Station at Survey No.282/4B2B & 4A2 at Manimangalam Village, Kundrathur Taluk, Kancheepuram District, and for a consequential direction to the respondent Nos.2 to 4 to issue ‘No Objection Certificate’ to the petitioner for establishing new “A” Site Retail Outlet of Motor Spirit (MS)-Petrol/High Speed Diesel (HSD) Filling Station at Survey No.282/4B2B & 4A2 at Manimangalam Village, Kundrathur Taluk, Kancheepuram District to cater to the fuel requirement for motoring public, pursuant to the petitioner being awarded of Retail Outlet Dealership by the first respondent through its communication dated 31.01.2020 within a time frame stipulated by this Court.

2. The fourth respondent had inspected the site and pointed out certain defects and thereafter, refused to issue No Objection Certificate. Hence, the petitioner has filed this writ petition.

3. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the respondents 2 to 4.

4. It is seen from the counter affidavit filed by the fourth respondent that the fourth respondent in the reference dated 27.09.2023 addressed the third respondent stating that as per the order of this Court in W.P.No.18753 of 2019, the checklist and relevant documents were requested from the first respondent which were not received and therefore, the fourth respondent could not give recommendations for issuance of No Objection Certificate. This Court after carefully going through the materials placed on record and the facts and circumstances of the case, found that the issue involved in this present writ petition is no longer res integra as the same has been decided by the Hon’ble Division Bench of this Court in W.A(MD).No.1054 of 2020, vide order dated 26.02.2021, wherein, the Hon’ble Division Bench of this Court has rejected the appeal filed by the Divisional Engineer (C & M), Highways Department, Karur, on the ground that Indian Roads Congress Guidelines are not mandatory in the light of the judgment of the Hon’ble Supreme Court of India in the case of Indian Oil Corporation Limit