J SELVAM Vs. I B P CO LTD

JUDGEMENT

(1.) THE petitioner seeks for a Writ of Mandamus forbearing the respondents from starting any outlet or issuing dealership to any person at Madurai-Thirumangalam National Highway (NH-7) at Kappalur Industrial Estate, Kappalur, within the area covered by the office of the Sub Registrar, Thirumangalam and comprised in Plot No. D-56 admeasuring 1. 23 Acres by violating the rules and regulations framed by the Government of India such as fail to identify the location after preparation of feasibility study, volume distance norms between the outlets and also guidelines issued by National Highways Authorities.

(2.) THE case of the petitioner is that he is the sole proprietor of M/s. Victory Enterprises, Bharat Petroleum Corporation, Kappalur, Madurai, which is situated at about 13 KM away from Madurai on National Highway No. 7 between Madurai and Thirumangalam and he has established the petrol pump in the year 1984 at Kappalur Industrial Estate mainly to cater the fuel needs of local industrial as well as to the local public. The retail outlet of the petitioner's petrol pump is located on the National High Way. The National High Way Authority had envisaged a plan for converting the Highways into a four lanes with an express way. The circular dated 4. 11. 2003 issued by the National Highways Authority of India, prescribe the guidelines and norms on system improvement of installation of petrol/ diesel/ gas retail outlet and service stations as well as access to private properties along the National Highways. In the said circular it was also mentioned that it shall be the responsibility of the oil company/owner to ensure that the proposed locations and other features of fuel stations are in conformity with the norms, otherwise, the proposal would be rejected.

(3.) WHILE so, the respondents have taken steps to locate a petrol pump in the vicinity of the petitioner's petrol pump, which is violative of Rules and Regulations of the guidelines and norms of the National Highways Authority of India as well as in violation of the conditions of the dealership agreement. The petitioner has invested a huge amount for establishing his retail outlet. The respondents are planning to set up a new retail outlet within 1000 meters of the petitioner's pump by violating the distance norms. Aggrieved by the steps taken by the respondents, the petitioner filed the present writ petition.