The issuance of a No Objection Certificate for a petroleum retail outlet was upheld as valid, following thorough inquiry and compliance with environmental guidelines.

ORDER :

G.K. Ilanthiraiyan, J.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 25.09.2024 in D.Dis. (C2)/16830/2024 issued by the second respondent and quash the same and consequentially forbearing the respondents 1 to 4 from issuing any certificate granting prior concurrence under Rule 6 of the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non Planning Areas) Rules, 2017 framed under Section 47-A of the Town and Country Planning Act, 1971, and no objection certificate for setting up of any petroleum retail outlet in Survey No.170/3C2A, Alangankulam Village, Ramanathapuram Taluk and District.

This Writ Petition has been filed challenging the order passed by the second respondent dated 25.09.2024, thereby issuing “No Objection Certificate” for granting license for retail sales and storage of petroleum products in the premises at S.Nos.170/9B & 176/3C2B of Alagankulam Village, Ramanathapuram District.

2. The petitioners own their respective agricultural lands in Alagankulam Village, Ramanathapuram District. The land comprised in S.No.169 in Alagankulam Village, Ramanathapuram District is a water body and it is known as Alagankulam Kanmai, admeasuring 55 acres and 38 cents. This Kanmai irrigates the land situated in and around the Kanmai of entire Alagankulam Village. This Kanmai is the main source for irrigating the petitioners' lands and also other lands.

3.It is the submission of the learned Counsel for the petitioners that the sixth respondent had purchased a portion of the property comprised in S.No.170/3, to construct a petroleum retail outlet. The subject land is situated within 50 meters from the Alangankulam Kanmai. As per the guidelines issued by the Central Pollution Control Board, for setting up of new petrol retail outlets, the same shall not be located within a radial distance of 50 meters from the residential areas, schools and hospitals. He further submitted that, if such retail outlets are permitted to run, there is a chance of pilferage of petroleum products from the underground tank into the ground water which may affect the quality of water in the Kanmai, which will cause huge loss to the agriculturists who use the Kanmai water for irrigation purpose. Without considering the same, the second respondent issued issued “No Objection Certificate”.

4. The learned Counsel for the petitioners further submitted that since the subject land is situated within 50 meters radius of Alagankulam Kanmai, the third respondent ought not to have issued “No Objection Certificate”. Further, the “No Objection Certificate” issued by the second respondent is a non-speaking one. It was granted mechanically, without considering any of the aspects stated by the petitioners by way of their objections. He also submitted that the sixth respondent, who is none other than the retired District Revenue Officer and as such, he had influence with the second respondent and therefore, the second respondent, without considering the objections raised by the petitioners, had mechanically granted “No Objection Certificate” in favour of the sixth respondent. The “No Objection Certificate” was issued with a condition to the sixth respondent to construct a bridge to enable free flow of rain water between the proposed site and the road. Only after construction of a bridge, the second respondent ought to have considered the request for no objection. He also raised a malafide ground that only on the influence of the sixth respondent, the third respondent had issued the “No Objection Certificate”.

5.A perusal of the counter filed by the fifth respondent and the submissions made by the learned Counsel for the fifth respondent reveals that the fifth respondent had proposed to establish a retail petroleum outlet in Alagankulam Village, and issued a notification. The sixth respondent is also one of the