O R D E R

The writ on hand has been instituted to forbear the respondents 1 and 3 from issuing 'Explosive License' and 'No Objection Certificate' respectively under Petroleum Rules 2002 in favour of the seventh and eighth respondents for setting Petroleum Service Station (PSS) at R.S.111/B1, Mangudi Village, Tiruvarur-Thiruthuraipoondi Main Road, Tiruvarur District, without considering the objection raised by the petitioner in representation dated 27.06.2016.

2. The petitioner is a resident of Mangudi village and an agriculturist by avocation and also run a Provision Store. The petitioner is residing at Tiruvarur-Thiruthuraipoondi Main Road and the proposed retail outlet sought to be located in the land belonging to the eighth respondent's husband Mr.G.Gurunathan bearing R.S.No.111/B1 of Mangudi Village shares common boundary on Northern side of the residence of the petitioner.

3. The petitioner states that in the Tiruvarur-Thiruthuraipoondi Main Road, very close to the proposed site of locating Petroleum Retain Outlet, a Nursery and a Primary School namely 'Thai Nursery' and 'Primary School' having the strength of not less than 300 children, are located. The said school was established ten years back from the date of filing of the writ petition and it is located very close to the proposed Retail Outlet. A Marriage Hall and a Welding Shop are also located close to the proposed site and setting up of Petroleum Retail Outlet close to such places of public assembly is clearly prohibited under the norms of fire safety requirements.

4. During February-March 2016, the petitioner came to know that the public belonging to Mangudi Village raised an objection for setting up of Petroleum Retail Outlet at the said location stating that it would create hazardous to the public and cause potential danger for the public assembly near the site. Thus, the petitioner took up the case and filed the present writ petition.

5. The petitioner made several representations citing all these irregularities and made a request not to issue 'NOC' as well as the 'License' granted by the District Authority in favour of the seventh respondent. Since the efforts taken by the petitioner went in vain, he is constrained to move the present writ petition.

6. The third respondent-District Revenue Officer filed counter statement stating that the seventh respondent has applied for issuing 'NOC' for setting up Petroleum Retail Outlet in R.S.No.111/B1, Mangudi Village, Tiruvaru Taluk, Tiruvarur District vide his application dated 20.01.2016. The said application was processed, inspection was conducted and thereafter 'NOC' was issued by the third respondent vide Rc.692/C4/2016 dated 19.10.2016. Thus, the writ petition is to be rejected.

7. In view of the public importance raised by the learned counsel for the petitioner, this Court has gone into the role of the Pollution Control Board and the District Authority for the purpose of granting 'NOC', conducting inspection and to initiate all further actions in the event of any violation of the guidelines.

8. The respondents have stated that they have acted in accordance with the provisions of the Petroleum Act, Rules and Regulations and therefore, the present writ petition is filed by the petitioner without any acceptable ground and thus to be rejected.

9. The Oil Companies, no doubt, are interested in protecting their business activities. But the Oil Corporations are 'State' within the meaning of Article 12 of the Constitution of India. Thus, the Oil Corporations are bound to ensure that the right to life enunciated under Part III of the Constitution, which is a fundamental right of every citizen, is protected. 'Freedom of Trade' is enunciated under the Constitution is subject to the right of other citizen of this Great Nation. While granting permission, mechanical approach is impermissible. Retail Petrol Bunks are creating lot of health issues and therefore, the mitigating factors, surrounding atmosphere, the presence of schools,