PALANI MURUGAN AGENCIES Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ appeal has been filed against the order dated 20-1-2005 passed by the learned single Judge.

(2.) WE have heard the learned counsel for the appellant and find no merit in the appeal. The appellant/ writ-petitioner challenged the order of the District Collector, Villupuram, granting No Objection Certificate to the second respondent to locate an L. P. G. Retail outlet in a rural carriage way. Learned single Judge, following the Division Bench judgment of this Court in W. A. No. 4057 of 2004 delivered on 8-12-2004, dismissed the writ petition.

(3.) THE Division Bench of this Court, to which one of us (Markandey Katju, Chief Justice) was a party, in an idential case, viz. W. P. No. 4057 of 2004 by judgment dated 8-12-2004 held that such a writ petition is not maintainable in view of the decisions of the Supreme Court in Mithilesh Garg v. Union of India (AIR 1992 SC 443) and Rice and Flour Mills v. N. T. Gowda (AIR 1971 SC 246) wherein it was held that a rival businessman has no locus to challenge the allotment even if the allotment was illegal because no right vested in such writ-petitioner is infringed. We see no infirmity in the order of the learned single Judge. The writ appeal is, therefore, dismissed. However, if the appellant is so advised, he can approach the District Collector, Villupuram in respect of his grievance and if he does so, the District Collector will decide his representation at the earliest after hearing the parties concerned.