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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, R.N. MANJULA, JJ.
Kumar Kandhasamy & Others - Appellant
Versus
The Commissioner of Police, Salem City Police Office, Salem & Others – Respondent
W.P. Nos. 1718, 2448, 4635 & 4778 of 2020 & W.M.P. Nos. 1993, 16805, 2843, 5496, 5497, 5645, 5647 of 2020 & 7039 of 2021
Decided On : 01-04-2021
Constitution of India, 1950 - Article 226 - Petition for issuance of writ of Mandamus, to permanently forbear respondents 1 to 5 from issuing No Objection Certificate - Explosive License and other approval/permission/consent to 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Srinagar-Kanyakumari National Highway - Petition for issuance of writ of Certiorari, to call for the records of No Objection Certificate issued by first respondent in favour of 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Srinagar- National Highway - Petition for issuance of writ of Certiorari, to call for records of No Objection Certificate issued by first respondent in favour of 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Omalur Main Road
Finding of the court : An inspection has preceded grant of approval and on completion of construction in accordance with check list and conforming to approval, a completion certificate be obtained from Project Director, NHAI about completion of construction work and thereafter license deed would be signed by Regional Officer, NHAI, Chennai. Further in case construction is not done in one year, provisional approval shall be deemed to be cancelled unless renewed by NHAI - there is a clear bar to energies retail outlet before obtaining final permission from competent authority - Thus approvals granted by the various authorities cannot be brushed aside as an outcome of non-application of mind - This argument is largely pitched upon proforma of NOC which was given under Rules by virtue of an amendment which came subsequent to the NOC which was issued to the BPCL - Though dealer would state that the writ petition is at behest of a competitor dealer and the petitioner C.Chinnadurai is working as a driver with said competitor, same has not been established by any records and even as per the averments made by dealer in their affidavit, it is stated that they have come to understand that he is a driver with competitor, we are not inclined to go into the said aspect as regards bonafide of public interest litigation
Result: Petitions dismissed.
JUDGMENT :-
(Prayer: Petition under Article 226 of the Constitution of India for issuance of writ of Mandamus, to permanently forbear the respondents 1 to 5 from issuing No Objection Certificate (NOC), Explosive License and other approval/permission/consent to the 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Omalur Main Road, State Highway No.SH-218 at T.S.No.163, Ward L, Block 10, No.63, Pallapatty Village, Salem Taluk and District -636 009, adjacent to Brindavan Road and several residential and commercial public buildings and in violation to the IRC Circular No.12:2009.
Petition under Article 226 of the Constitution of India for issuance of writ of Mandamus, to permanently forbear the respondents 1 to 5 from issuing No Objection Certificate (NOC), Explosive License and other approval/permission/consent to the 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Srinagar-Kanyakumari National Highway No.NH-44 at Old S.NO.88/1 and New S.No.88/1-B, Karupur Village, Omalur Taluk, Salem District, adjacent to SIDCO Road and several residential and commercial public buildings and in violation to the IRC Circular No.12:2009 and MoRTH Circular/Notification No.RW/NH-33023/19/99-DO-III dated 24.07.2013.
Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari, to call for the records of the No Objection Certificate C.No.G5/27/26702/2017 dated 17.04.2018 issued by the first respondent in favour of the 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Srinagar-Kanyakumari National Highway No.NH-44 at Old S.No.88/1 and New S.No.88/1-B, Karupur Village, Omalur Taluk, Salem District, adjacent to SIDCO Road and several residential and commercial public buildings and in violation to the IRC Circular No.12:2009 and MoRTH Circular/Notification No.RW/NH-33023/19/99-DO-III dated 24.07.2013 and to quash the same.
Petition under Article 226 of the Constitution of India for issuance of writ of Certiorari, to call for the records of the No Objection Certificate C.No.G5/25/22509/2019 dated 24.01.2020 issued by the first respondent in favour of the 6th respondent to set up and operate a New Road-side Petroleum Retail Outlet on Omalur Main Road, State Highway No.SH-218 at T.S.No.163, Ward L, Block 10, No.63, Pallapatty Village, Salem Taluk and District -636 009, adjacent to Brindavan Road and several residential and commercial public buildings and in violation to the IRC Circular No.12:2009 and to quash the same.)
Common Order
T.S. Sivagnanam, J.
1. All the four writ petitions have been filed as public interest litigations, the subject matter being common, namely, objecting to location of two petroleum retail outlets in two different places in Salem District by the Bharat Petroleum Corporation Limited [BPCL], the respondent in all the four writ petitions. Though there is a slight factual difference in the two sets of writ petition, essentially the location is being challenged on common grounds. Therefore, the writ petitions were heard together and are being disposed of by this common order.
2. The petitioner in W.P.No.1718 of 2020 and W.P.No.4778 of 2020 is Mr.Kumar Kandhasamy, who states that he is a resident of Salem District and objects to the location of the petroleum retail outlet. The petitioner in W.P.No.2448 of 2020 and W.P.No.4635 of 2020 is one C.Chinnadurai, who is also a resident of Salem District and opposes the location of petroleum retail outlet.
3. In W.P.No.1718 of 2020, the petitioner seeks for issuance of a writ of Mandamus to permanently forbear the respondents from issuing No Objection Certificate [NOC], Explosive License and other approval/permission/consent to BPCL to set up and operate a new road side petroleum retail outlet at Omalur Road, State Highway No.SH-218 at T.S.No.163, Ward ‘L’, Block No.10, No.63, Pallapatty Village, Salem Taluk and District adjacent to Brindavan Road alleging the same to be in violation
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