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2020 DIGILAW 1882 (MAD)

Gayathri Senthil Kumar v. Commissioner, Kodaikanal Municipality, Kodaikanal

2020-10-08

ABDUL QUDDHOSE

body2020
JUDGMENT : (Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent to issue No Objection Certificate for running the storage facility for LPG cylinders in the petitioner's building constructed in Survey No.147, T.S.No.10/1A/1A, Kodaikanal-Madurai Law Ghat Road, Kodaikanal, Kodaikanal Taluk, Dindigul District in pursuant to Rule 48 of GAS CYLINDERS (Amendment) Rules 2018.) 1. This Writ Petition has been filed for a Mandamus, seeking for a direction to the respondent to issue No Objection Certificate for running the storage facility for LPG cylinders in the petitioner's building constructed in Survey No.147, T.S.No.10/1A/1A, Kodaikanal-Madurai Law Ghat Road, Kodaikanal, Kodaikanal Taluk, Dindigul District. 2. It is represented by the petitioner that she is a distributor of Non-Domestic Liquid Petroleum Gas Cylinders in Kodaikanal area. According to her, she applied for No Objection Certificate from the respondent Municipality under Rule 48 of Gas Cylinders (Amendment) Rules, 2018 for storage of LPG cylinders in the aforementioned building. It is also her contention that she has sent repeated representations and last such representation was on 03.01.2019 calling upon the respondent to issue No Objection Certificate. According to the petitioner, despite several representations, the respondent has not issued No Objection Certificate to the petitioner under Rule 48 of Gas Cylinders (Amendment) Rules, 2018. In such circumstances, this Writ Petition has been filed. 3. The feasibility of granting No Objection Certificate rest only upon the respondent. This Court cannot grant a positive direction, as sought for by the petitioner in this Writ Petition. The only relief that can be granted by this Court is to direct the respondent to consider the petitioner's representation for granting No Objection Certificate under Rule 48 of Gas Cylinders (Amendment) Rules, 2018. No prejudice will be caused to the respondent, if such a direction is issued by this Court. 4. Accordingly, this Court directs the respondent to consider the application submitted by the petitioner seeking for No Objection Certificate under Rule 48 of Gas Cylinders (Amendment) Rules, 2018 for storage of LPG cylinders in the petitioner's building comprised in Survey No.147, T.S.No.10/1A/1A, Kodaikanal-Madurai Law Ghat Road, Kodaikanal, Kodaikanal Taluk, Dindigul District and pass final orders on merits and in accordance with law within a period of fifteen days from the date of receipt of a copy of this order. 5. With the aforesaid directions, this Writ Petition is disposed of. 5. With the aforesaid directions, this Writ Petition is disposed of. However, there is no order as to costs.