Alleged forged NOC for petroleum outlet rejected as format valid under rules at issuance; compliance with siting criteria in mixed zone upheld; prior dismissal invokes res judicata barring repeat challenges.

ORDER :

1. These two writ petitions have been filed by one Mr. S. Paneerselvam, who is an Advocate practising in Trichy District in public interest. Writ petition in WP.(MD)No.19819 of 2025 has been filed seeking a direction to the official respondents to take to take immediate actions in accordance with law, including closure, to stop the commissioning and operation of a New Petroleum Retail Outlet by the respondents 6 & 7. Writ petition in WP.(MD)No.22511 of 2025 has been filed challenging the Final Explosive Licence dated 31.10.2023 issued by the first respondent to the fifth respondent being violative of the Siting Criteria prescribed for new Petroleum Retail Outlets by the Central Pollution Control Board and based on a forged/fabricated copy of the No Objection Certificate to operate a New Petroleum Retail Outlet on Edamalaipatti Pudur Main Road at Town Survey No.22, Old Survey No.158-21 AP, Block No.36, Ward No.004, (A.L), Pirattiyur East Village, Edamalaipatti Pudur Main Road, Trichy West Taluk, Triuchirappallli District-620 009. For the sake of convenience, parties are referred to as per their rank in WP.(MD)No.22511 of 2025.

2. It is the case of the petitioner that the Regional Manager, Hindustan Petroleum Corporation Limited, Trichy Retail Regional Office/ 5^th respondent in WP.(MD)No.22511 of 2025 has submitted a forged copy of the no objection certificate issued by the second respondent/Commissioner of Police, Tirchy City Police to obtain the impugned licence from the first respondent, which is entitled the 5^th respondent to commence and operate the new petroleum outlet in the petition mentioned land. No objection certificate from the second respondent/Commissioner of Police had submitted before the first respondent to obtain final explosive licence dated 17.08.2023, whereas, the format which had come into existence only on 04.03.2024, pursuant to the amendment made to the Rule 144(7) of the Petroleum Rules, 2002. If the no objection certificate was issued by the second respondent/ Commissioner of Police on 17.08.2023, it should have been in the pre- amended format, existing since 10.03.2018. Therefore, the 5^th respondent has submitted forged/fabricated no objection certificate. The first respondent has failed to verify the same and without verification issued the impugned final explosive licence. The Central Pollution Control Board has prescribed siting criteria for new petroleum outlets, vide memorandum dated 07.01.2020 wherein a minimum distance of 50 meter and concessionary distance of 30 meter, with prescribed additional safety measures, have been mandated for operating petroleum retail outlets near to residential area, whereas in the instant case, the distance of the proposed site is only 10 to 20 meter from the surrounding residential plots/premises. The proposed site is situated at an intersection on the State Highway as against the prescribed prohibited distance of 100 meter from any nearest road intersection as per G.O.(Ms)No.25, Highways and Minor Ports (HN2) Department dated 24.04.2022.

3. The third respondent /Joint Chief Environmental Engineer, Tamilnadu Pollution Control Board in WP.(MD)No.22511 of 2025 has filed a counter affidavit. The fourth respondent/ Divisional Engineer(Construction and Maintenance) Highways Department in WP. (MD)No.22511 of 2025 has filed a counter affidavit. Counter affidavit has also filed on behalf of the respondents 1 to 3 in WP.(MD)No.