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2019 (8) TMI 1147 - MADRAS HIGH COURTRejection of petitioner's application for setting up CFS - approval to the fourth respondent to shift its existing CFS from Madhavaram to Vallur village - primary contention of writ petitioner is that if a policy decision has been taken to not to encourage CFS close to Chennai and some other Ports, the same should be applied uniformly / evenly irrespective of whether it is a case of shifting a CFS or opening a new CFS - HELD THAT:- Factual position that location where writ petitioner wants to commence CFS and location where fourth respondent wants to shift its existing CFS are virtually adjacent to each other and equidistant from Port is also not in dispute - It is the stated position of official respondents that it makes no difference qua convenience of trade or public safety with regard to locations of writ petitioner and fourth respondent. Therefore, it follows as a sequittur that official respondents are neither interested nor indifferent to the location. This court has no difficulty in accepting the argument that the nature of applications of writ petitioner and fourth respondent are different as one is for a new CFS and the other is for shifting the existing CFS. This court also notices that the location is one in which official respondents are neither particular nor indifferent. Therefore, it boils down to commercial interests of writ petitioner and fourth respondent. Safe conclusion reached is writ petitioner cannot impede the application of fourth respondent for shifting, though writ petitioner is entitled to say that it should be given an opportunity as there is no disputation that there is nothing to demonstrate that writ petitioner was called / put on notice to attend 6.2.2019 meeting. Petition allowed in part.
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