V.LALITHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) We have heard Mr.Sharath Chandran, learned counsel for the appellant, Mr.P.Harish, learned Government Advocate for the respondents 1 to 3, Mr.R.Ravi, learned counsel for the fourth respondent and Mr.P.N.Vignesh, learned counsel for the fifth respondent.

(2.) The present appellant had filed a writ petition thereby assailing the No Objection Certificate issued by the third respondent in favour of the fifth respondent to set up a retail outlet. The learned Single Judge did not entertain the writ petition. Aggrieved thereby, the present appeal.

(3.) Learned Senior Counsel for the appellant submits that the G.O. is issued on 24/2/2022 mandating the distance between two fuel stations. The distance between the two fuel stations ought to be minimum 300 meters if the said fuel station is situated in a rural, urban or hilly area and 200 meters if it is situated in MDRs/ODRs. In the present case, the retail outlet is situated in MDR and as such, the distance ought to be 200 meters, whereas the distance between the retail outlet set up by the fifth respondent is at a distance of 139 meters from the retail outlet of the appellant. The same is against the executive instructions issued by the State Government under Article 162 of the Constitution of India.