S.Sathasivam v. The District Collector

ORDER The petitioner has been issued a Letter of Allotment under the Franchise Model for the sale of Motor Spirit (MS), High Speed Diesel

(HSD) and lubricants by M/s.Nayara Energy Limited. Pursuant thereto, M/s.Nayara Energy Limited submitted an application before the third respondent/District Revenue Officer, Dindigul, seeking the necessary No Objection Certificate. The said application came to be rejected by an order dated 04.11.2024. Page No. 2 of 6

¶2Thereafter, M/s.Nayara Energy Limited submitted a fresh application on 10.10.2025. The said application has also been rejected by the impugned order on three grounds, namely, (i) that there is a church in the vicinity of the proposed site; (ii) that the site abuts the Highway; and

(iii) that the property is situated adjacent to residential houses.

¶3In this regard, it is relevant to note that the Petroleum and Explosives Safety Organisation (PESO), Government of India (formerly the Department of Explosives), issued Circular No. C.VIII(3)/125/Circular/Petroleum dated 09.09.2024, wherein it has been stated as follows: Page No. 3 of 6

¶4A reading of the impugned order passed by the third respondent indicates that the aforesaid Circular has not been taken into consideration while rejecting the application submitted by the franchisor, namely, M/s.Nayara Energy Limited.

¶5The contention that the petitioner has not executed the Franchise Agreement and that M/s.Nayara Energy Limited is not a party to the present proceedings is of no consequence. The petitioner, being the franchisee of the said Company under the Letter of Allotment, is entitled to espouse its cause to the extent necessary for seeking the relief prayed for in the present writ petition.

¶6Accordingly, the impugned order is quashed, and the matter is remitted back to the third respondent for fresh consideration. The third respondent shall pass fresh orders, in the light of the Circular issued by the Government of India, Petroleum and Explosives Safety Organisation (formerly the Department of Explosives), bearing Reference No. C.VIII(3)/125/Circular/Petroleum, dated 09.09.2024, within a period of four weeks from the date of receipt of a copy of this order. Page No. 4 of 6

¶7The Writ Petition stands disposed of accordingly. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. NCC : Yes / No

15.07.2026 smn2

To

1.The District Collector,

2.The Additional Director and Personal Assistant to Collector, Office of the Collectorate, Dindigul District.

3.The District Revenue Officer,

4.The Revenue Divisional Officer,

5.The Tahsildar, Dindigul East Taluk, Dindigul District.

6.The Superintendent of Police,

7.The Project Engineer, Nanganchiyaru, Vadinilakottai, Palani, Dindigul District.

8.The District Fire Officer, Page No. 5 of 6 C.SARAVANAN

, J.

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15.07.2026 Page No. 6 of 6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.4310 of 2026 and W.M.P.(MD)No.3581 of 2026 S.Sathasivam ... Petitioner Vs. 1.The District Collector, 2.The Additional Director and Personal Assistant to Collector, Office of the Collectorate, Dindigul District. 3.The District Revenue Officer, 4.The Revenue Divisional Officer, 5.The Tahsildar, Dindigul East Taluk, Dindigul District. 6.The Superintendent of Police, 7.The Project Engineer, Nanganchiyaru, Vadinilakottai, Palani, Dindigul District. Page No. 1 of 6 8.The District Fire Officer, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of third respondent, the District Revenue Officer dated 04.11.2024 and the revisional order dated 19.12.2025 quash the same as illegal and arbitrary and consequently, direct the third respondent to issue No Objection Certificate in favour of the petitioner application for establishment of petroleum retail outlet at Survey No.1614/1B, Adiyanuthu Village, Dindigul East, Dindigul District, subject to compliance with additional safety measures. For Petitioner : Mr.S.Udhaya Bharathi For R1 to R5, R7 & R8 : Mr.S.Venkatesh Government Standing Counsel For R6 : Mr.P.Vetrivel Government Advocate (Criminal side)