IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M.Thavamani ... Petitioner Vs.

1.The District Revenue Officer, O/o.Salem Collectorate, Salem – 636 001.

2.The Deputy General Manager (Retail Sales), Indian Oil Corporation Ltd., Marketing Division, Salem Divisional Office, 234, 1st Floor, NH-7, Salem Bangalore Byepass Road, Kondalampatty, Salem – 636 010. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1^st respondent to consider the petitioner's representation dated 23.05.2024 for issuance of NOC application made by the 2^nd respondent for commissioning of Kisan Seva Kendra, dealership location at Vellalagndam, Vazhapaddy Taluk, Salem District, in pursuance of the Letter of Intent dated 05.08.2020 issued to the petitioner within stipulated time as may be fixed by this Court.

For Petitioner : Mr.T.Sundaravadanam For R1 : Mr.Yogesh Kannadasan Special Government Pleader For R2 : Mr.Mohamed Fayaz Ali

O R D E R

The petitioner seeks a direction to the 1^st respondent to consider the petitioner's representation dated 23.05.2024 for issuance of NOC application made by the 2^nd respondent for commissioning of Kisan Seva Kendra, dealership location at Vellalagndam, Vazhapaddy Taluk, Salem District, in pursuance of the Letter of Intent dated 05.08.2020 issued to the petitioner.

2.Whereas, the learned Additional Government Pleader appearing for the 1^st respondent would submit that No Objection Certificate (NOC) has already been issued to the 2^nd respondent and therefore, nothing survives in the writ petition.

3.However, the learned counsel for the petitioner would submit that the NOC has been issued as per the proforma given under the old Petroleum Rules, 2002, but not the present Rules. The grievance of the petitioner is that the 1^st respondent has no right to impose any condition while granting NOC, however, in the NOC issued by the 1^st respondent, they have imposed certain conditions. Hence, the learned counsel would submit that the 1^st respondent may be directed to issue a fresh NOC as per the proforma given under the new Rules, viz., Petroleum (Amendment) Rules, 2024.

4.On a perusal of the NOC issued by the 1^st respondent on

05.07.2024, it appears that the same has been issued as per the old Petroleum Rules, 2002. It is relevant to note that, as per Section 144 of Petroleum (Amendment) Rules, 2024, the NOC should be issued in the following proforma :

“Proforma No Objection Certificate [See rule 144] No…………… Date………….

Subject: No objection certificate With reference to the application No.……. dated ……. submitted by………….and in pursuance of rule 144 of the Petroleum Rules, 2002, there is no objection for granting licence under the Petroleum Rules, 2002 to Shri/Smt./M/s.………………………… address………………… for storage of petroleum products in their premises at Survey No………./Gata No…….…/Khasra No.……..………Plot No……..…., Village ................. Taluka/Tehsil…………….… District ................... State .................. as shown in the site plan duly endorsed and enclosed herewith.

(1) The following particulars have been considered while issuing this no-objection certificate, that-

(a) comments from the Revenue Department on the issue, regarding the possession of the site by the applicant is lawful and there is an authorisation from the land owner or leaseholder for developing premises under these rules for storage of petroleum products;

(b) comments from the Police Department regarding traffic density and impact on traffic;

(c) comments from the concerned Municipal Corporation or Gram Panchayat or local area development authority as applicable, regarding the conformity of proposal to the local area development planning including schools, hospitals and mitigating measure, if any, is provided;

(d) comments from the National Highways Authority of India or Public Works Department or any other authority concerned regarding