M.Rajagurusenathipathy, v. The Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.30059 of 2017 and WMP.No.32630 of 2017 Rajagurusenathipathy .. Petitioner vs.
1.The Divisional Engineer, National Highways, Sankaranpalayam, Vellore - 632 001.
2.The District Collector, Vellore District, Sathuvachari, Vellore - 632 009.
3.The Territory Manager, Bharat Petroleum Corporation Ltd., No.35, Vaithiyanathan Street, P.B.No.1152, Tondiarpet, Chennai - 600 081.
4.The Controller of Explosives, Gandhi Nagar, Katpadi, Vellore District.
.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 3 to consider and pass orders on merits by disposing the written representation made by the petitioner on 27.10.2017 within a stipulated time.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.T.N.Rajagopalan Government Pleader (i/c) for respondent Nos.1 & 2
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) This writ petition is directed against the establishment of a petroleum bunk (retail petroleum outlet) at Survey Field Nos.188/2 and 188/4, Kaniyamadi Village, Vellore District.
2. The petitioner has not been able to advert to any rule, regulation and/or law, which is being infringed in setting up the retail outlet. It is stated that the petitioner has come to understand that there is a guideline which prohibits the setting up of petroleum bunks within a distance of one kilometre from a petroleum bunk. However, the guideline has not been produced. There is possibly no guideline which restricts the setting up of a petrol bunk within a distance of one kilometre from another petroleum bunk. It is vaguely alleged that the entire village would be at risk of fire by reason of setting up of the petrol bunk and if any fire accident occurred, the entire village would be gutted. However, the petitioner has not given a single incident of fire at a petroleum bunk and/or retail outlet, which has engulfed and/or caused large scale damage in the adjacent areas.
3. It is also not understood how any public interest will be subserved by the order sought. If there are no proper approach roads, the business of the outlet will suffer. The public will not be benefited by closure of the petroleum retail outlet. There are also vague averments to the effect that there are schools and colleges near the outlet. The allegations are devoid of any material particulars. The petitioner has not adverted to any law, rule and/or regulation, which restricts the setting up of a petroleum retail outlet near educational institutions and if so the nature of the restriction.
4. It seems that the writ petition has been prompted by some ulterior motive. Possibly, the writ petitioner has been set up by some rival petroleum retail outlet owner whose business is likely to be affected. In any case, no public interest is disclosed in the writ petition.
5. The writ petition is accordingly dismissed. Needless to mention that the retail outlet will comply with all environmental norms and take necessary fire safety measures. No costs. Consequently, WMP.No.32630 of 2017 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bbr To:
1.The Divisional Engineer, National Highways, Sankaranpalayam, Vellore - 632 001.
2.The District Collector, Vellore District, Sathuvachari, Vellore - 632 009.
3.The Territory Manager, Bharat Petroleum Corporation Ltd., No.35, Vaithiyanathan Street, P.B.No.1152, Tondiarpet, Chennai - 600 081. 4.The Controller of Explosives, Gandhi Nagar, Katpadi, Vellore District.
+1 cc to Govt Pleader sr 85810 +1 cc to M/s.C.Prakasam Advocate sr 86064 W.P.No.30059 of 2017 aa11/12/2017