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THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.04.2021 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MS.JUSTICE R.N.MANJULA Orders Reserved On Orders Pronounced On
22.03.2021 01.04.2021 W.P.Nos.1718, 2448, 4635 & 4778 of 2020 W.M.P.Nos.1993/2020 & 16805/2020, W.M.P.No.2843/2020, W.M.P.Nos. 5496 & 5497 of 2020 and 7039/2021 W.M.P.Nos.5645 and 5647 of 2020 W.P.No.1718 of 2020 Kumar Kandhasamy .. Petitioner -vs-
1.The Commissioner of Police, Salem City Police Office, Sankari Main Road, Linemedu, Salem – 636 006.
2.The Tahsildar, Salem West Taluk Office, Main Road, Subramania Nagar, Suramangalam, Salem – 636 302.
3.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006.
4.The Divisional Engineer (C&M), T.N. Highways Department, Highways Compound, Kuranguchavadi Junction, Salem – 636 004.
5.The Deputy Director of Health Service, No.16, Omalur Main Road, First Agraharam, Salem – 636 001.
6.Bharat Petroleum Corporation Limited, Rep. by the Territory Manager, Athur & Kadapparai Village, Athur (PO), Karur – 639 008.
7.The Commissioner of Salem Corporation, Salem Taluk and District.
(R7 suo-motu impleaded by order dt. 29.01.2020]
8.Salem District Bus Owners Association, Rep. by its Secretary A.Ravindhran, No.33/12, Rajaji Street, Swarnapuri, Salem – 636 004. .. Respondents (R8 impleaded as per order dt. 12.02.2020 made in W.M.P.No.3840/2020]
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.
For Petitioner : Mr.V.B.R.Menon For Respondents R1, R2, R4 & R5 : Mr.K.Makesh R3 : Mr.K.Gunasekaran, CGSC R6 : Mr.O.R.Santhakrishnan, SC R7 : Mr.S.Sathish R8 : Mr.N.Senthil Kumar W.P.No.2448 of 2020 C.Chinnadurai .. Petitioner -vs-
1.The Commissioner of Police, Salem City Police Office, Sankari Main Road, Linemedu, Salem – 636 006.
2.The Tahsildar, Omalur Taluk, Omalur Taluk Office, Kamaraj Nagar, Omalur, Salem – 636 455.
3.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006.
4.The Project Director, National Highways Authority of India, National Highways Authority of India Project Office, Padmavathy Colony, Narasothipatti, Salem – 636 302.
5.The Deputy Director of Health Service, No.16, Omalur Main Road, First Agraharam, Salem – 636 001.
6.Bharat Petroleum Corporation Limited, Rep. by the Territory Manager, Athur & Kadapparai Village, Athur (PO), Karur – 639 008.
7.The Secretary General, Indian Road Congree, IRC Bhawan, Kama Koti Marg, Sector – 6, R.K.Puram New Delhi – 110 022
8.The Secretary, Ministry of Road, Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi – 110 022.
(R7 & R8 suo-motu impleaded by order dt. 10.02.2020]
9.The Chief Engineer-cum-Regional Officer, Ministry of Road, Transport and Highways [MoRTH], C—1-A, Rajaji Bhawan, Besant Nagar, Chennai – 600 090. .. Respondents (R9 impleaded as per order dt. 26.02.2021 made in W.M.P.No.13836/2020]
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.
For Petitioner : Mr.V.B.R.Menon For Respondents R1, R2 & R5 : Mr.K.Makesh R3 : Mr.G.Karthikeyan, ASG R4 : Mr.Su.Srinivasan R6 : Mr.O.R.Santhakrishnan, SC R9 : Mr.P.R.Ramesh Babu, SSC W.P.No.4635 of 2020 C.Chinnadurai .. Petitioner -vs-
1.The Commissioner of Police, Salem City Police Office, Sankari Main Road, Linemedu, Salem – 636 006.
2.The Tahsildar, Omalur Taluk, Omalur Taluk Office, Kamaraj Nagar, Omalur, Salem – 636 455.
3.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006.
4.The Project Director, National Highways Authority of India, National Highways Authority of India Project Office, Padmavathy Colony, Narasothipatti, Salem – 636 302.
5.The Secretary General, Indian Road Congree, IRC Bhawan, Kama Koti Marg, Sector – 6, R.K.Puram New Delhi – 110 022
6.Bharat Petroleum Corporation Limited, Rep. by the Territory Manager, Athur & Kadapparai Village, Athur (PO), Karur – 639 008.
7.The Chief Engineer-cum-Regional Officer, Ministry of Road, Transport and Highways [MoRTH], C—1-A, Rajaji Bhawan, Besant Nagar, Chennai – 600 090.
(R7 impleaded as per order dt. 26.02.2021 made in W.M.P.No.13842/2020)
8.T.V.Sundaram Iyengar and Sons Pvt. Ltd., Rep. by its Global President and Chief Executive Officer Mr.G.Srinivasa Raghavan, Having Office at Kochar Bliss, Plot NO.9 and Supre 8A, Thiru-vi-ka Industrial Estate, Guindy, Chennai – 600 032.
(R7 impleaded as per order dt. 26.02.2021 made in W.M.P.No.22136/2020] .. Respondents 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.
For Petitioner : Mr.V.B.R.Menon For Respondents R1 & R2 : Mr.K.Makesh R3 : Mr.G.Karthikeyan, ASG R4 : Mr.Su.Srinivasan R6 : Mr.O.R.Santhakrishnan, SC R8 : Mr.K.V.Sajeev Kumar W.P.No.4778 of 2020 Kumar Kandhasamy .. Petitioner -vs-
1.The Commissioner of Police, Salem City Police Office, Sankari Main Road, Linemedu, Salem – 636 006.
2.The Tahsildar, Salem West Taluk Office, Main Road, Subramania Nagar, Suramangalam, Salem – 636 302.
3.The Joint Chief Controller of Explosives, A and D Wing, Block 1-8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006.
4.The Divisional Engineer (C&M), T.N. Highways Department, Highways Compound, Kuranguchavadi Junction, Salem – 636 004.
5.The Secretary General, Indian Road Congree, IRC Bhawan, Kama Koti Marg, Sector – 6, R.K.Puram New Delhi – 110 022 6.The Commissioner, Salem City Municipal Corporation, Salem Corporation Main Office, Fort Main Road, Salem – 636 002.
7.Bharat Petroleum Corporation Limited, Rep. by the Territory Manager, Athur & Kadapparai Village, Athur (PO), Karur – 639 008.
8.Salem District Bus Owners Association, Rep. by its Secretary A.Ravindhran, No.33/12, Rajaji Street, Swarnapuri, Salem – 636 004. .. Respondents (R8 impleaded as per order dt. 26.02.2021 made in W.M.P.No.5564/2021]
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.
For Petitioner : Mr.V.B.R.Menon For Respondents R1 & R2 : Mr.K.Makesh R3 : Mr.K.Gunasekaran, CGSC R6 : Mr.S.Sathish R8 : Mr.N.Senthil Kumar R4 & R5 : No representation
COMMON ORDER
T.S.SIVAGNANAM, J.
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 of the Indian Road Congress [IRC] Circular No.12/2009. Since during the pendency of the writ petition, NOC was granted the petitioner has filed W.P.No.4778 of 2020 to quash the NOC issued by the Commissioner of Police, Salem City in favour of BPCL to open and operate a petroleum retail outlet in the said location.
4.In W.P.No.2448 of 2020, the prayer is similar to that of W.P.No.1718 of 2020 except the location is at Srinagar-Kanyakumari National Highway NH-44 at Old No.88/1, New Survey No.88/1-B, Karupur Village, Omalur Taluk, Salem District. Since in the said case also NOC was granted, the petitioner C.Chinnadurai has filed W.P.No.4635 of 2020 to quash the NOC granted by the Commissioner of Police, Salem City in favour of BPCL to locate the petroleum retail outlet. Thus a decision arrived at in W.P.Nos.4778 of 2020 and 4635 of 2020 would cover all the four cases.
5.Mr.V.B.R.Menon, learned counsel appearing for the writ petitioner submitted that the proposed site chosen in W.P.Nos.1718 of 2020 and
4778/2020 is part of a water body called Chinnasamy eri as per the 'A' Register extract and in terms of the decision of the Hon'ble Supreme Court in the case of T.K.Shanmugam vs. State of Tamil Nadu and others [2015 (6) CTC 369(DB)], the State has to restore, protect and preserve water bodies based on the principles of Public Trust. It is submitted that the major portion of the water body had been transferred to the Salem Corporation by the Government of Tamil Nadu in G.O.Ms.No.299 Revenue Department dated 17.03.1997 and it is incumbent upon the Salem Corporation to preserve whole of it as a water body available for community usage instead of alienating it for a commercial usage such as for a petroleum outlet. It is submitted that BPCL obtained NOC from the Commissioner of Police, Salem, obtained provisional site approval from the Joint Chief Controller of Explosives and approval from the Tamil Nadu Highways by submitting false site drawings in which the existence of major road junction, several dwelling units, public buildings and a transformer being located within 100ms of the proposed site have been suppressed and such approval is in gross violation of Rule 131(1)(iii) of the Petroleum Rules, 2002 and Indian Road Congress Circular No.12/2009.
6.The learned counsel referred to a Google map and photographs of the proposed site and submitted that the same unequivocally proved that false information was furnished for obtaining such approvals. Further the NOC is a replica of the proforma prescribed under Rule 144(7) of t
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