KANYAKUMARI DISTRICT PETROLEUM DEALERS ASSOCIATION Vs. DISTRICT REVENUE OFFICER AND ADDITIONAL DISTRICT MAGISTRATE NAGERCOIL

JUDGEMENT

(1.) BY consent of both the parties, the main writ petition itself is taken up for hearing and disposal.

(2.) THE petitioner has filed this writ petition for issuance of a writ of certiorarified mandamus to call for the records of the first respondent relating to the order granting No Objection Certificate to the third respondent in Ref.No. R.Dis. 51947/2005 (C1) dated 28.10.2005 for installation of storage tanks of petroleum Class A and Class B in the land bearing S.No. 84/5 and 84/6A in Aloor Villager, Kalkulam Taluk, Kanyakumari District and to quash the same and forbear the second respondent herein from granting licence to the third respondent for installation of storage tanks of petroleum of Class A and Class B in the above said land.

(3.) PLACING reliance upon the decisions Ganesh Chandra Hazarika v. State of Assam AIR 1982 Gau. 36 and Nataraja Agencies v. Secretary 2005 (1) CTC 324, learned counsel for the third respondent has submitted that the Petitioner Association, whose Members are dealers in Petroleum Products and also running Petrol bunks, cannot challenge the "No Objection Certificate" issued to the third respondent to install the petrol outlet. PLACING reliance upon the decision in W.P. No.6535 of 1992 dated 14.11.1995, learned counsel for the third respondent, has submitted that in the decision, the Court has recalled various Government Orders, which has the effect of prohibiting the conversion of agricultural lands to commercial land. It is further submitted that the distance requirement has been complied with and even if there is any shortage, the requirements are only guidelines and norms fixed by the Highways Department and it does not have any statutory force vitiating the "No Objection Certificate" issued by the first respondent.