Madras High Court
L.M.Yesurajan @ Cristhurajan vs The District Collector on 10 August, 2021
Author: P.D.Audikesavalu
Bench: Sanjib Banerjee, P.D.Audikesavalu
W.P.No.16534 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.16534 of 2021
and W.M.P.No.17503 of 2021
L.M.Yesurajan @ Cristhurajan ... Petitioner
-vs-
1 The District Collector
O/o.The District Collector
Tiruannamalai District-606 604
2 The District Revenue Officer
O/o.The District Collector
Tiruvannamalai District-606 604
3 The Deputy Director
Public Health Services, Cheyyar
Tiruvannamalai District-604 407
4 The Divisional Engineer
O/o.Highways Department, Cheyyar
Tiruvannamalai District-604 407
5 The District Fire Officer
O/o.District Fire Service
Tiruvannamalai 606 604
6 The Block Development officer
__________
Page 1 of 6
http://www.judis.nic.in
W.P.No.16534 of 2021
Arani (East) Block Development Office,
Arani, Tiruvannamalai District-632 301
7 The Divisional officer
No.82, Hindustan Petroleum Corporation,
T.T.K.Road, Petrol Bhavan, Alwarpet,
Chennai-18.
8 Dinesh Babu ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the Respondents 1 to 6 to
stop the 7th and 8th Respondents from installing petrol bunk (retail) at
Survey No.29/12A, Sevur village, Arani Taluk, Tiruvannamalai
District and remove the encroachment made by the 8th Respondent
on the canal which lead to lake (Periya Aeri) at Sevur village, Arani
Taluk, Tiruvannamalai District.
For Petitioner : Mr.M.Vijayaragavan
For Respondents : Mr.P.Muthukumar
Counsel for State for RR 1 to 6
: Mr.Vijayan
for M/s.King & Partridge for RR 7 & 8
*****
ORDER
(Made by the Hon'ble Chief Justice) The grievance of the petitioner is that the seventh and eighth respondents herein are seeking to put up a retail petrol outlet at S.No.29/12A, Sevur Village, Arani Taluk in Tiruvannamalai District by __________ Page 2 of 6 http://www.judis.nic.in W.P.No.16534 of 2021 constructing on a canal that leads to Periyar Eri at Sevur Village.
2. Hindustan Petroleum Corporation is represented and it is submitted by such corporation that the petition has been filed with ulterior motive and it is evident that a representation was made by the petitioner to the authorities in the end of July and the petitioner has rushed to court immediately thereafter without waiting for a reasonable time for the representation to be considered.
3. Mr.P.Muthukumar, learned counsel appearing for the official respondent Nos.1 to 6, submits that the District Collector is the appropriate authority to assess whether a retail petrol outlet is being set up at an appropriate site.
4. Accordingly, without going into the merits of the petitioner's contentions, W.P.No.16534 of 2021 is disposed of by directing the first respondent District Collector of Tiruvannamalai to ascertain whether any construction for the purpose of setting up the retail outlet has been or is proposed to be made on any waterbody or channel leading to a waterbody. It will be open to the Collector to __________ Page 3 of 6 http://www.judis.nic.in W.P.No.16534 of 2021 cause an inquiry to be made, upon giving adequate notice to Hindustan Petroleum Corporation and the eighth respondent and any other who may be affected by his final decision. If any remedial measures are necessary, the Collector will indicate the same. The Collector should pass a reasoned order on the petitioner's representation, a copy whereof appears at page 36, within six weeks of the receipt thereof. Mr.Muthukumar should immediately cause copies of this order and the relevant representation to be reached to the relevant Collector.
There will be no order as to costs. Consequently, W.M.P.No.17503 of 2021 is closed.
(S.B., CJ.) (P.D.A., J.)
10.08.2021
Index : no
sra
__________
Page 4 of 6
http://www.judis.nic.in
W.P.No.16534 of 2021
To:
1 The District Collector
O/o.The District Collector
Tiruannamalai District-606 604 2 The District Revenue Officer O/o.The District Collector Tiruvannamalai District-606 604 3 The Deputy Director Public Health Services, Cheyyar Tiruvannamalai District-604 407 4 The Divisional Engineer O/o.Highways Department, Cheyyar Tiruvannamalai District-604 407 5 The District Fire Officer O/o.District Fire Service Tiruvannamalai 606 604 6 The Block Development officer Arani (East) Block Development Office, Arani, Tiruvannamalai District-632 301 7 The Divisional officer No.82, Hindustan Petroleum Corporation, T.T.K.Road, Petrol Bhavan, Alwarpet, Chennai-18.
__________ Page 5 of 6 http://www.judis.nic.in W.P.No.16534 of 2021 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) W.P.No.16534 of 2021 10.08.2021 __________ Page 6 of 6 http://www.judis.nic.in