Advocates:
['G ETHIRAJULU', '', 'R DHANARAM', 'W S R ABIRAMI', 'S MUTHUSELVAN', 'M/S MOHAMMED FAYAZ ALI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2021

CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.No.34716 of 2019

B.Arunkumar

...Petitioner

vs

1.The Divisional Manager of Indian Oil Corporation Ltd

Head of Divisional Office

Coimbatore Divisional Office

No.8/1079, Avinashi Road Coimbatore.

2.The Executive Director(Retail Sales)

Indian Oil Corporation Indian Oil Bhavan

No.139, Mahatma Gandhi Road

Nungambakkam High Road

Chennai-34

3.The Executive Director (retail sales)

Indian Oil Corporation Indian Oil Bhavan

G-9 Alu Yavar Jung Marg Bandra East

Mumbai, Maharastra- 400 051.

4.The Chief General Manager (Retail Sales)

Indian oil Corporation Indian Oil Bhavan

No.139 Mahatma Gadhi Road

Nungambakkam High Road, Chennai-34

5.The Deputy General Manager (Retail Sales)

Indian oil Corporation Indian Oil Bhavan

No.139 Mahatma Gadhi Road

Nungambakkam High Road

Chennai-34

6.The Chief Retail sales Manager

Indian Oil Corporation Ltd

Indian Oil Bhavan

No.8/1079, Avinashi Road Coimbatore.

7. The District Fire Officer

District fire service office Avinashi Road

Kumar Nagar Tiruppur 641603.

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

8.The Superintending Enginner

State Highways C and M Circle of Tirupur

Chikkanna College road Kallampalayam

Tiruppur- 641 602.

9.The Commissioner

Tirupur City Muncipal Corporation

Tiruppur.

10.The District collector

Tirupur District Collectorate

Palladam Road

Tiruppur.

11.The Commissioner of Police

Tirupur City Police Commissioner office

Sirupooluvapatti Amman Kalyanamandapam

Tirupur Town.

12.The Deputy Controller of Explosives

Ministry of Commerce and Industry

Petroleum and Explosives safety organization

(PESO) A and D wing Block 1-8 IInd Floor

Shastri Bhavan No 26, Haddows Road, Nungambakkam

Chennai 600 006.

13.K.Kalaivani

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of

India for issuance of a Writ of Mandamus forbearing the

respondents 1 to 13 from issuing any dealership for vending

petroleum retail outlet through the Land Comprised in

S.No.422/1/E1B Velampalayam Village Tirpur North Taluk in

Pursuant to the notification dated 24.11.2018 issued on behalf

of Indian Oil corporation Ltd.

For Petitioner :

Mr.G.Ethirajulu

For Respondents :

Mr.Mohammed Fayaz Ali

for respondents 1 to 6

ORDER

(made by the Hon'ble Chief Justice)

The grievance in this public interest litigation is that a

petrol pump is proposed to be set up right next to a cinema hall

that has a seating capacity of 600. The petitioner claims that

since the father owns the cinema hall and the daughter proposes

to set up the petrol pump, there is no complaint on behalf of

the cinema hall as to the location of the proposed petrol pump.

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

2. The oil company is represented and says that there are

guidelines of 2009 which are in place and such guidelines do not

prohibit the setting up of a petrol pump next to a cinema hall.

In addition, according to the oil company, the Central Pollution

Control Board has issued certain norms in 2019 that require the

fueling pump or the storage area to be at least 15 meter away

from any hospital or school or residential place.

3. It is further pointed out on behalf of the oil company

that the petition is premature since no decision has been taken

by the local authorities yet to clear the site for a petrol pump

to be set up thereat.

4. Since it appears that no decision has yet been taken to

set up a petrol pump at the relevant site, the writ petition is

disposed of without going into the petitioner’s objections.

However, it is made clear that in the event a decision is taken

to set up a petrol pump at the relevant site, it will be open to

the petitioner or to any other person interested to object

thereto and take appropriate steps to resist the same in

accordance with law.

5.