Mrs.R.Glory Lilly Christy vs The District Collector

W.P.No.19950 of 2020 and W.M.P. No.24632 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2021

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA

W.P.No.19950 of 2020 and W.M.P. No.24632 of 2020

Mrs.R.Glory Lilly Christy .. Petitioner

Vs.

1.The District Collector Ponneri, Tiruvallur District

2.The District Revenue Officer Ponneri Taluk, Ponneri

3.The Tahsildar Taluk Office, Ponneri .. Respondents

**** PRAYER: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus direct the 1st respondent to issue No Objection Certificate for establishment of retail outlet of the Indian Oil Corporation Limited at Survey No.112/7, Chekkencherry Village, Ponneri Taluk, Thiruvallur District expeditiously in favour of the petitioner in accordance with the letter of allotment of Indian Oil Corporation Limited dated 12.2.2016 followed by a detailed enquiry and representation dated 02.03.2020 participated by the petitioner before the 3rd respondent. ****

For Petitioner : Mr.S.Babu

For Respondents : Mr.B.Anand, Govt. Advocate

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ORDER

This petition is filed for a writ of mandamus to direct the 1st

respondent to issue a No Objection Certificate for establishment of retail

outlet of the Indian Oil Corporation Limited at Survey No.112/7,

Chekkencherry Village, Ponneri Taluk, Thiruvallur District expeditiously

in favour of the petitioner in accordance with the letter of allotment of

Indian Oil Corporation Limited dated 12.2.2016 followed by a detailed

enquiry and representation dated 02.03.2020 participated by the

petitioner before the 3rd respondent.

2. The case of the petitioner is that she was granted permission to

run a petrol retail outlet by Indian Oil Corporation Limited on

31.12.2015. On 12.02.2016, IOCL sought for a No Objection Certificate

from the District Collector, Tiruvallur for commencement of retail outlet

in petitioner's property at Survey No.112/7, Chekkencherry Village,

Ponneri Taluk, Tiruvallur District. According to the petitioner, the 1st

respondent - District Collector is the competent authority to issue a No

Objection Certificate. The third respondent - Tahsildar and the 2nd

respondent District Revenue Officer have conducted enquiry, inspected

the premises and scrutinized the records for obtaining NOC from fire

service, police and the revenue inspector. They have submitted a

detailed report after enquiry of the petitioner.

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3. It is the further contention of the petitioner that she clarified to

the respondents that grama natham property is a private property over

which patta can be granted to private persons. She further submitted

that patta stands in her name with reference to the proposed land over

which the Indian Oil Corporation Petrol pump is proposed to be

commenced. As the petitioner has patta in her name, there is no

impediment for the respondents to grant No Objection Certificate for

commencement of a petrol retail outlet.

4. It is the further contention of the petitioner that utilisation of

grama natham property for commercial purposes has also been

recognised by this High Court in several decisions. Hence she has filed

the instant writ petition for a No Objection Certificate.

5. Per contra, it is the contention of the respondents that as per

the village records, the land in S. No.112/7, Checkancherry Village,

Ponneri Taluk, Tiruvallur District is in the name of the petitioner. The

Respondents have quoted a judgment of the Hon'ble First Bench of this

court in W.P. No.29264 of 2016 dated 26.09.2016, as follows:

".... The pathetic situation prevailing in this part of the globe, as we observed is that, ignoring the fact that Gramanatham land is a common village land, the greedy persons like the writ petitioner in this case are https://www.mhc.tn.gov.in/judis/ Page No.3 of 9 W.P.No.19950 of 2020 and W.M.P. No.24632 of 2020

indulging in activities, which are purely commercial in nature. When the appellants themselves have accepted in all fairness that patta has been issued erroneously and that they have initiated necessary proceedings to cancel the same, we are unable to find fault with the impugned action initiated by the appellants herein. This rampant practice of misusing the Gramanatham lands in this part of the globe has to be curtailed immediately, so as to protect the common village lands for the welfare of the public in general. Therefore, the Government of Tamil Nadu and its revenue officials are directed to strictly protect the Gramanatham lands from being misused, particularly for commercial purpose.

2. The aforesaid aspect will be kept in mind by the respondent/authorities while examining the utilisation of the Gramanatham lands...."

6. In the rejoinder, the petitioner has reiterated her stand and

stated that once patta has been issued in favour of an individual in the

light of the petition, the gramanatham is a site/land cannot be termed

as government property. It is the further contention of the petitioner

that the decision of the Hon'ble First Bench of this court dated

26.09.2016 following the decision in 2012 (4) MLJ 646, is not applicable

to the facts of the case. The decision relied on by the respondents was

passed in a case where the classification of the property was illegal and

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patta has been obtained erroneously. But, the case of the petitioner is

different from the same, as the property in which the proposed retail

outlet is going to be set up, is a private property, classified as Grama

natham and hence the respondents have no hesitation to issue an NOC.

7. Heard both sides and perused the materials available on record.

8. It is an admitted fact that Indian Oil Corporation Ltd has

granted permission to the petitioner to run a petrol pump retail outlet on

31.12.2015 and that for setting up the same, they have sought for a No

Objection Certificate from the District Collector, Tiruvallur for

commencement of retail outlet in petitioner's property at Survey

No.112/7, Chekkencherry Village, Ponneri Taluk, Tiruvallur District.

9. From the materials available in the form of typed set of papers,

it is seen that the third respondent - Tahsildar and the 2nd respondent

District Revenue Officer have conducted an enquiry, inspected the

premises and scrutinized the records for obtaining NOC from fire

service, police and the revenue inspector and they have submitted a

detailed report, after enquiry with the petitioner and after hearing the

legal incidents, and have recommended for a NOC and it is the first

respondent/District Collector, Ponneri District, has to issue the same.

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10. In State of Tamil Nadu vs. Madasami reported in 2012 (2)

CTC 315, a learned single Judge of this court has held that once a

property has been classified as gramanatham house sites with or

without buildings cannot be claimed by Government as a property

belonging to Government. Person occupying a grama natham land when

puts up a construction, vacant site becomes house site of that person

and character of property changes and person, who has been vested

with the right of said site or property entitled to transfer the same to

anybody, the Government has no right to interfere with his accrued

right, who occupied a grama natham land.

11. In the case on hand, the property over which, the proposed

retail outlet is going to be set up, is a private property classified as

Gramanatham and patta has been issued in favour of the petitioner to

the said land, the first respondent has no impediment for issuing a No

Objection Certificate.

12. In similar matters, it has already been held by this court that

IRC Guidelines are only recommendatory and not mandatory. A Division

Bench of this court, in a recent judgment in W.A. (MD) No.1054 of 2020

dated 26.02.2021, has held as follows:

" 7. Admittedly, in the present case, no objection

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was sought not for a State Highway. Thus, in the absence of any contrary material to hold that the findings are not factually correct, we are not inclined to allow this Writ Appeal. Accordingly, the Writ Appeal stands dismissed.

8. We also take note of the subsequent communication of the Joint Secretary, Government of India, Ministry of Petroleum and Natural Gas, New Delhi to the Principal Secretary, Highways and Minor Ports Department, stating that IRC norms are meant to be used only on Highways alone and that too, based upon traffic, which is also not the case before us. No costs. Consequently, connected miscellaneous petitions are closed."

13. Time and again, the Hon'ble Apex Court and this court, in a

catena of cases, have held that IRC guidelines are only

recommendatory. Hence, the respondent cannot blindly reject NOC,

without considering the case on merits.

14. In view of the above, the first respondent is directed to issue a

No Objection Certificate to the petitioner for establishment of a retail

outlet of Indian Oil Corporation Ltd. in Survey No.112/7, Chekkencherry

Village, Ponneri Taluk, Thiruvallur District, within a period of four weeks

from the date of receipt of a copy of this order.

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15. With the above direction, the writ petition is disposed of.

However, there is no order as to costs. Consequently, the connected

writ miscellaneous petition is closed.

29.04.2021 Index : Yes / No Internet : Yes/No Asr

To

1.The District Collector Ponneri, Tiruvallur District

2.The District Revenue Officer Ponneri Taluk, Ponneri

3.The Tahsildar Taluk Office, Ponneri

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PUSHPA SATHYANARAYANA, J.

Asr

W.P.No.19950 of 2021 and W.M.P. No.24632 of 2020

Dated : 29.04.2021

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