O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 6 to take immediate steps to close down the fire accident met petrol bunk situated at M/s.Senthil Andavar Petrol Bunk, No.63/31, Perambur Barracks Road, Pattalam, Chennai-600 012 established by the seventh respondent based on the representation dated 21.12.2015 and consequently direct the fourth respondent to cancel the license granted to the seventh respondent for running the petrol bunk at No.63/31, Perambur Barracks Road, Pattalam, Chennai-600 012.

2. The petitioner is a Senior Citizen and residing in a residential area. There are some Hospital and Schools situated in the nearby area. While-so, the seventh respondent without getting the proper approval and license from the Competent Authorities and without following the safety norms and the conditions prescribed under the Petroleum Act, 1934, The Petroleum Rules 1976 and also the guidelines framed by the Petroleum and Explosives Safety Organisation (PESO) opened a Petrol Bunk licensed by the fourth respondent-Indian Oil Corporation.

3. The Petrol-cum-Diesel Bunk is situated within a densely populated residential area, even at the time of opening, the petitioner along with other residents gave several representations to the Authorities concerned, to take necessary action against the seventh respondent for not following the safety norms as prescribed. Due to unethical and poor maintenance of the Petrol Bunk by the seventh respondent, often there are several accidents took place in the locality. The petitioner along with other residents often gave several representations to the Authorities to close down the said Petrol Bunk to avoid any untoward incidents, however, no action has been taken. Thus, the petitioner is constrained to move the present writ petition.

4. The respondents filed the counter-affidavit by stating that they have followed the rules and regulations and proper approval was granted by the Statutory Authorities. No Objection Certificate (NOC) was issued by the Commissioner of Police and the District Authorities. Thus, the procedures, as contemplated, were followed by the Authorities, while granting permission for commissioning of Retail Petrol Bunk in that locality.

5. 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.

6. 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, oldage homes and hospitals are also to be taken into consideration, while granting NOC by the District Authorities and also the license by the Explosive Department. However, the people residing in residences are complaining in many places that such Petrol Bunks are allowed to function very close to the residential premises and the same is causing lot of health issues to the children, oldage and the sick people.

7. Guidelines are issued and the Central Pollution Control Board also issued the norms. Certain measures are taken to avoid such hazardous substances affecting the health of the citizen residing close to the Retail Petrol Bunks. However, the irregularities are happening in many areas, more specifically, in urban locations. It cannot be denied that many such Retail Petrol Bunks a