IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.NO.11906 OF 2020

V.Gopinath

.. Petitioner

Vs

1. The Principal Secretary,

Highways and Minor Ports Department,

Fort St. George, Secretariat,

Chennai - 600 009.

2. The District Revenue Officer,

Tiruppur District,

Collectorate Building,

Palladam Road, Tirupur - 641 604.

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,

(Construction and Maintenance)

Highways Department,

Collectorate Building,

Tirupur - 641 604.

5. The Executive Engineer,

Public Works Department (WRO),

Avinashi Road, Behind Camp Office,

Tirupur - 641 601.

6. M/s.Shell India Markets Private Limited,

Plot No.7, Bangalore Hardware Park,

Shell Technology Centre,

Devanahalli Industrial Park,

Mahadeva Kodigehalli, Bengaluru - 562 149.

.. Respondents

https://hcservices.ecourts.gov.in/hcservices/

Prayer: Petition filed under Article 226 of the Constitution of

India praying for a writ of certiorarified mandamus calling for

the records of the No objection certificate No.R.Dis

No.2147/2019/c2 dated 25.02.2020 issued by the second respondent

in favour of the sixth respondent and quash the same and

consequently to restrain the sixth respondent from erection,

commissioning and operation of the New Road-side Petroleum

Retail Outlet on State Highways No.196 (SH-196) at SF.No.283-A,

Thottipalayam Village, Tirupur North Taluk, Tirupur District-641

668 in gross violation to the IRC Circular No.12-2009 G.O.(Ms)

79 dated 04.05.2017 and the Tamilnadu Combined Development and

Building Rules, 2019. (Prayer amended vide order dated

06.07.2021 made in W.M.P.No.1529 of 2021 in W.P.No.11906 of 2020)

For the Petitioner

: Mr.B.Harikrishnan

For the Respondents

: Mr.P.Muthukumar

State Government Pleader

asstd. by Mrs.E.Renganayaki,

AGP for respondent Nos.1, 2,

4 & 5

: Mr.B.Sudhir Kumar

SPC

for respondent No.3

: Mr.P.S.Raman

Senior Counsel

with

M/s.Jose John; M.Narendran

E.Joshua and Willy Francis

for M/s.King & Partridge

for respondent No.6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

By this writ petition, a challenge is made to the no

objection certificate dated 25.02.2020 issued by the second

respondent in favour of the sixth respondent thereby permitting

the sixth respondent to open a new road-side petroleum retail

outlet on State Highways No.196 (SH-196) at S.F.No.283-A,

Thottipalayam Village, Tirupur North Taluk, Tirupur District.

It is alleged that the said permission is in violation of IRC

Circular No.12-2009, G.O.(Ms) No.79, dated 04.05.2017 and the

Tamil Nadu Combined Development and Building Rules, 2019.

https://hcservices.ecourts.gov.in/hcservices/

2. On 01.09.2020, this Court, after taking note of the

arguments that the Topo plan occurring at Page No.83 of the

typed set of papers shows that the proposed site is surrounded

by open land, whereas the Google map filed at Page No.82 of the

typed set of papers shows that the site is surrounded by a

mobile tower, Tamil Nadu Electricity Board transformer, a temple

and a burial ground etc., was of the view that by suppression of

material facts approval was sought by the sixth respondent and

therefore, an interim order was passed restraining the sixth

respondent from continuing the site works to open and operate a

new road-side Petroleum retail outlet on SH-196 at SF No.283A,

Thottipalayam Village, Tirupur District.

3. Learned counsel for the petitioner submitted that the

approval of the site for opening a retail outlet is not

permissible, in view of G.O.(Ms) No.79, Housing and Urban

Development [UD4(d)] Department, dated 04.05.2017,