A petition seeking to restrain the issuance of a statutory No Objection Certificate becomes infructuous once the certificate has already been issued, necessitating a separate challenge to the validity of the granted certificate rather than pursuing the prayer for restraint.

The present writ petition has been filed by the petitioner, claiming to be a social activist and permanent resident of Papparapatti Village, Pennagaram Taluk, Dharmapuri District, in the nature of a public interest litigation. The petitioner seeks issuance of a writ of certiorarified mandamus to quash the order dated 05.01.2026 passed by the second respondent, and to restrain the respondent authorities from issuing any No Objection Certificate to the seventh respondent for establishment of a retail outlet petrol bunk at Survey Nos.374/3C and 375/1A1 in Papparapatti Village, Pennagaram Taluk, Dharmapuri District, on the ground that the proposed site violates the siting criteria prescribed by the Central Pollution Control Board in its Office Memorandum dated 07.01.2020 and Addendum dated 16.08.2021.

2.1. Learned counsel for the petitioner submits that the second respondent has failed to follow the guidelines issued by the Central Pollution Control Board in its Memorandum dated 07.01.2020 and Addendum dated 16.08.2021, which mandate that retail outlets shall not be located within a distance of 50 metres from the nearest point of surface water bodies.

2.2. It is further submitted that the proposed site is part of an agricultural zone with an existing water channel network; the nearest marked water course is about 40 metres away, and a larger canal system flows through nearby fields, passing under the road via a pipe culvert. A significant irrigation tank called "Kaveriamman Kuttai," situated about 400 metres northeast, has been encroached upon and destroyed, affecting water access for surrounding villages. The setting up of a petrol filling station will be injurious to the health of the public.

3. Learned counsel appearing for respondent Nos.1 to 3 submitted that the second respondent, vide proceedings dated 6.1.2026, has already issued a No Objection Certificate to the seventh respondent and, therefore, the prayer made in the writ petition to restrain the authorities from issuing No Objection Certificate to the seventh respondent does not survive.

4. We have heard learned counsel on either side and perused the documents placed on record.

5. It is a matter of record that the petitioner herein had earlier filed a writ petition, being W.P.No.34993 of 2022, seeking the following relief:

“Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 8 herein to scrupulously follow the siting criteria stipulated in the guidelines of Central Pollution Control Board issued in their OM No.13011/1/2019- 20/AQM dated 07.01.2020 and Addendum OM No.13011/1/2019- 20/AQM dated 16.08.2021 in granting NOC to the ninth respondent for setting up of a retail outlet petrol bunk in S.No.374/3C and 375/1A1 in Papparapatti Village, Pennagaram Taluk, Dharmapuri District in between Papparapatti to Pennagram on SH 224 by considering the petitioner's representation dated 05.12.2022 and 16.12.2022 and pass orders in accordance with law.”

6. The aforesaid writ petition was disposed of by a Division Bench of this court vide order dated 12.7.2023 and the operative portion of the said order reads thus:

“3. The ninth respondent has already applied for No Objection Certificate. The authorities have to grant No Objection Certificate before the retail outlet is commenced. The authority shall consider all the provisions and the mandatory guidelines that are applicable for the start of retail outlet before issuing No Objection Certificate.”

7. On the basis of the aforesaid directions and on consideration of the entire conspectus of the matter, the second respondent passed the impugned order dated 5.1.2026 and thereafter a No Objection Certificate was issued in favour of the seventh respondent. Therefore, the relief as sought in the present