Advocates:
['m/s j bharathiraja', '', 'J KABILAN', 'M VIJAYAN TAKES NOTICE', '', 'NO APP NOT READY', 'R - II BATTA WITH PETITION AND CORRECT ADDRESS DUE', 'R- UNION OF INDIA', 'Ministry of Road Transport an Highways', 'Transport Bhavan', 'No', 'Parliament Street', 'New Delhi', 'SPL GP TAKES NOTICE']

W.P. No.11031 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.No.11031 of 2017

and

M.P.Nos.11981 & 11983 of 2017

A.Ponnusamy

... Petitioner

Vs

1.The Additional District Magistrate &

District Revenue Officer,

Dharmapuri.

2.Union of India,

Ministry of Road Transport and Highways,

Transport Bhavan,

No.1, Parliament Street,

New Delhi – 110 001.

3.Bharat Petroleum Corporation Limited,

Rep by Territory Manager (Retail),

Karur Retail Territory Office,

Athur & Kadapparai Village,

Athur Post, Karur – 639 008.

4.V.Chennakrishnan

... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a

Writ of Certiorari, to call for the records in D.Dis.No.19875/2016/C3 dated

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W.P. No.11031 of 2017

22.02.2017 on the file of the first respondent granting NOC to the third

respondent to run the petrol bunk in Survey No.7/1C2, Idlappatti Village, Harur

Taluk and Dharmapuri District and quash the same.

For Petitioner

: No Appearance

For Respondents

: No Appearance

ORDER

There is no representation on behalf of the petitioner and the

respondents.

2.The petitioner is aggrieved by the “No Objection Certificate” issued by

the first respondent to the third respondent to run a petrol bunk in S.No.7/1C2,

Idlappatti Village, Harur Taluk and Dharmapuri District.

3.The petitioner appears to have given a representation to the second

respondent on 13.02.2017. It is averred in the affidavit that despite the same,

the first respondent has given “No Objection Certificate” to the third

respondent to install the petrol bunk on the site in violations of guidelines

issued by the second respondent/Ministry of Road Transport and Highways,

Transport Bhavan, New Delhi – 110 001.

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W.P. No.11031 of 2017

4.It is noticed that the petitioner had earlier filed writ petition in

W.P.No.5264 of 2017 for a mandamus, to forbear the respondents from

establishing any petrol bunk at the above mentioned site. The writ petition was

however closed with liberty to file a fresh writ petition to challenge the

impugned “No Objection Certificate” issued by the first respondent to the third

respondent.

5.The case of the petitioner is that the aforesaid site situated on State

Highways – 18, Salem – Thirupathur Road, the Government had proposed to

widen the road from two lanes to four lanes under the scheme called Tamil

Nadu Road Development Scheme – II. It is averred that the Government of

Tamil Nadu had issued a public notice to that effect on 10.09.2015 in the news

papers and thereafter the State Highways Department conducted the survey and

demarcated the boundries. As per the guidelines of the second respondent in

para 4.2 of IRC Circular No.12/2009, it was ensured that the location of the

proposed fuel station did not interfere with future improvement of the

Highways/Road and the nearby intersections/junctions. As per the recitals of

the lease deed executed in favour of the fourth respondent, the proposed site is

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W.P. No.11031 of 2017

very close to the State Highway and it will certainly interfere with the future

development of the State Highway No.SH-18 i.e, Salem – Vaniyambadi Road.

6.I have considered the averments of the petitioner in the petition.

7.The petitioner has not filed this writ petition to be as a public spirited

person. In case, the petitioner was espousing the interest of general public, the

petitioner should have filed this writ petition as a PIL and listed the case before

the Hon'ble Division of this Court. On the other hand, the petitioner appears to

have a personal grudge. Though the petitioner is making it seen as if public

interest is affected and involved, th