Liyakath Ali vs The District Collector, District Collectorate Office, Thanjavur District.

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2026 Supreme(Online)(Mad) 31051

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Liyakath Ali – Appellant
Versus
The District Collector, District Collectorate Office, Thanjavur District. – Respondent
W.P(MD)No.8306 of 2026|W.M.P(MD)No.6801 of 2026

Important Points

Authorities must hear objectors and pass speaking order before granting petroleum outlet permissions per safety norms.

Subject

Civil - Writ Petition

Act Referred

Constitution of India: S.226
Central Pollution Control Board Guidelines: S.07.01.2020

Headnote

First Paragraph: Relevant law under Article 226 of the Constitution of India for writ of mandamus. Petitioner objects to proposed petroleum retail outlet in residential area citing violation of Central Pollution Control Board Guidelines dated 07.01.2020 on minimum safety distance norms. Court finds pending NOCs from authorities and directs hearing of petitioner before final decision. Second Paragraph: Issue framed as suitability of site per safety guidelines despite petitioner's objections. Ratio: Authorities must hear objector and pass speaking order after inquiry involving all parties before granting permissions. Third Paragraph: Writ petition disposed with directions to hear petitioner and pass speaking order; no costs.

Advocates:
For the Appellants/Petitioners: Mr.R.Karunanidhi
For the Respondents:Mr.M.Lingadurai, Special Government Pleader, Mr.D.Sadiqraja Additional Government Pleader, Mr.K.Gnanasekaran Government Advocate(Crl.side)

Table of Content
1. writ disposed at admission without private notice (Para 2)
2. site suitability per pollution guidelines questioned (Para 3 , 4)
3. mandate hearing of objector before final decision (Para 5)

ORDER

This writ petition is disposed of on the admission stage itself, without notice to the private respondents 9 and 10. This Court is not expressed any opinion with reference to the facts mentioned or the allegations made by the petitioner.

2.The prayer in the writ petition is to forebear the respondent Nos.1 to

8 from granting permission or license or No Objection Certificate for establishing a petroleum retail outlet in survey Nos.399/5B, 399/6A and 399/6B situated at Babarajapuram, Thimakudi Revenue Village, Kumbakonam taluk, Thanjavur District.

3.According to the petitioner, the site will not be suitable as per the Central Pollution Control Board guidelines, therefore, the petitioner has also made a representation and objections in this regard, but however, the respondents are proceeding further in considering the case.

4.When the matter came up for admission, the learned Special Government Pleader taking notice on behalf of the authorities would submit that for now only NOC of the District Fire and Rescue Services Officer alone is received and the District Revenue officer is considering the issue. The NOC is yet to be received from the other authorities, only there upon the final decision will be taken by the District Revenue Officer.

5.In view thereof, this writ petition is ordered on the following terms: (i)Let the petitioner shall also be heard by the 2nd respondent, while considering the application made with reference to the retail outlet in survey Nos.399/5B, 399/6A and 399/6B, Thimakudi Baburajapuram Village, Kumbakonam taluk, Thanjavur district and speaking order shall be passed on the objection submitted by the petitioner.

(ii)Needless to mention that the authority has to take a decision only by conducting an inquiry involving the respondent 9 and 10 as well as the petitioner. No costs. Consequently, connected miscellaneous petition is closed.