The Court highlighted the need for clear demarcation of residential and commercial zones in accordance with local laws for operational permits.

JUDGMENT SOUMEN SEN, C.J .

We have heard the learned counsel for the parties extensively. The issue for consideration is whether the petrol pump permitted to operate falls within a residential area as designated under the local laws. As rightly pointed out by the learned counsel for the appellant, in the affidavit filed by the 12^th respondent, it has been categorically stated that no Master Plan, Detailed Town Planning Scheme or Interim Development Order applicable to Chelannur Grama Panchayat or any part thereof has been sanctioned by the Government under the Kerala Town and Country Planning Act , 2016. Consequently, land use zones such as residential or commercial zones have not been demarcated or enforced in the said area under the Act.

2. The learned Senior Government Pleader submits that the 12^th respondent, in the affidavit, particularly in paragraphs 9, 10 and 11, has confined the issue by stating that, in the absence of an operative Master Plan, Detailed Town Planning Scheme or Interim Development Order sanctioned under the Kerala Town and Country Planning Act , 2016, layout approval in the area is governed solely by the provisions of the Kerala Panchayat Building Rules , 2019, in accordance with which the lay out approval was granted. It is further submitted that the subject property does not fall within a residential zone as earmarked by a statutory Master Plan, Detailed Town Planning Scheme or Interim Development Order in force under the , 2016. Our attention is also drawn to a report submitted by the respondents (the District Collector and the Additional District Magistrate, Kozhikode) to demonstrate that the Secretary, Chelannur Grama Panchayat has certified that the proposed site is not a designated residential areas as per local laws. The relevant observations, to which our attention is drawn by the learned Senior Government Pleader, are as follows:

“The Executive Engineer of the PWD (Roads Division) informed that the site is located at a lower level than the road, and establishing the outlet is unlikely to cause difficulties for pedestrians or vehicular traffic.

The Tahsildar informed that the site is situated in Maruthad Desom of Chelannur Village, Kozhikode Taluk, under survey numbers 20/11. 20/37 and 20/62. The land is classified as garden, not included in data bank, surplus land, reserved forest, puramboke. There are no residential buildings close enough to cause inconvenience to the public, and no hindrance to road development is anticipated. Therefore, the NOC may be granted.

The Secretary, Chelannur Grama Panchayat has certified that the proposed site is not a designated residential area s per local laws.

During the site inspection conducted in the presence of the complainant, Mr. Manoj Kumar, it was confirmed that no schools, hospitals, or water bodies are located within 50 meters of the site. However, 5 residential buildings were noted nearby. Although Mr. Manoj Kumar’s house and well are located within 5 meters of the site, the distance from the filling point exceeds 15 meters,complying with the prescribed safety standards.

Considering these findings and reports, since the proposed site is not a designated residential are as per local laws, the guidelines set by the Central Pollution Control Board will be followed, along with additional safety measures specified in the Petroleum & Explosives Safety Organization’s circular dated 09.09.2024, permission is granted for establishing the petroleum retail outlet at the proposed location.”

3. The learned Single Judge dismissed the writ petition in view of the judgment of the Hon’ble Supreme Court in Indian Oil Corporation v. V.B.R. Menon & Ors1 holding that in view of the aforesaid order clarifying the residential area and the resident building, the main challenge does not e