R.Elangovan v. The Territory Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos.7999 and 8001 of 2026 R.Elangovan S/o.Rajangam, Muthumariamman Koil Street, Senninathan, Sethiathope Panchayat, Chidambaram Taluk, Cuddalore District.

..Petitioner(s) Vs

1. The Territory Manager Trichy Retail Territory Office, Bharat Petroleum Corporation Ltd., 1st Floor, Raj Towers, Near Kalaignar Arivalayam Karur Bye Pass Road, Tiruchirapalli - 620002.

2. The Collector Cuddalore District, Cuddalore - 607001.

3. The District Revenue Officer, Cuddalore - 607001.

4. The District Environment Engineer Tamil Nadu Pollution Control Board, SIPCOT Complex, Kudikadu, Cuddalore - 607005.

5. Mr.S.Suresh Kumar S/o.Shanmugham, R.C.Nathaji Nagar, Vadalur - 607303, Kurinjipadi Taluk, Cuddalore District.

..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorari to call for the records and quash the impugned proceeding of the 3rd respondent in Ref.Ca/3404289/2025 dated 18.11.2025.

For Petitioner(s):

Mr.D.Baskar For Respondent(s):

Mr.V.Anantha Natarajan, for R1 Ms.R.L.Karthika,Government Advocate for R2,R3.

ORDER

The above writ petition has been filed seeking a certiorari to quash the No Objection Certificate (hereinafter referred as "NOC") issued by the 3rd respondent to the 1st respondent by granting license to them under the Petroleum Rules, 2002, for starting petrol bunk in their premises at S.No.103/10 and S.No.103/11, C.Sathyamangalam Village, Chidambaram Taluk and Cuddalore District classified as "dry land" measuring an extent of 0.33.00 ares. 2.It is the case of the petitioner that he owns properties in the said village and the properties lies between the road and one channel on the North and one channel on South. The southern channel is called as Allur-Santhamangalam channel and these channels receive water from Veeranam Lake, which is the largest lake and perennial one. The petitioner would submit that he dug a bore

well with 10 HP Motor near the channel and has also obtained electricity service connection for the same. The petitioner is using the water from the channel and from the bore well for agricultural activities and he is raising three crops every year.

2.1.The petitioner would submit that he has come to learn that the fifth respondent has entered into an arrangement with the first respondent for commencing a retail outlet for petrol and diesel. The fifth respondent had claimed to have obtained NOC for starting a petrol and diesel sales outlet. It is the petitioner's further case that on 10.07.2025, he had sent an objection to the second respondent and the Chief Minister's Cell as well and has sent another representation dated 31.10.2025 to the second and third respondents and also to the Sub-Collector and the Tahsildar. Though they had received the representation, the respondents had not proceeded to consider the same. 2.2.The petitioner would further submit that petroleum and diesel outlet cannot be started at any place. The Central Government had issued Notification dated 26.09.

2017 with objective of protecting the Environment in which one of the restrictions is dealing with the activities in wet lands and the various activities that has been prohibited which been listed in Paragraph 11 of the affidavit filed in support of this writ petition. The petitioner would submit that in W.P.No.

note of the fact that the NOC has been given for setting up an outlet close to the channel is against the notification of the Government and also orders of this Court and therefore, the petitioner has come forward with this writ petition. 3.Heard the learned counsel on either side and perused the materials available on record.

4.It has been brought to the notice of this Court, that the petitioner is an unsuccessful applicant for setting up the petrol and diesel outlet of the first respondent which has been now awarded to the fifth respondent and therefore, there is no merits in the case. The Xerox copies of the application form have also been submitted before this Court.

5.A perusal of the said application form would clearly show that the petitioner who has now come forward with this writ petition stating that the setting up of the petrol and diesel outlet is harmful to the environment as it is close to the channel has himself made an application for the very same retail outlet. Therefore, it is crystal clear that the petitioner, a disgruntled applicant has chosen to file this writ petition only to settle his personal scores. 6.The jurisdiction of this Court under the Article 226 of the Constitution of India cannot be misused by anyone and therefore, this writ petition deserves

to be dismissed and accordingly, dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 27-02-2026 Index: Yes/No Speaking/Non-speaking order ssa

P.T.ASHA, J.

ssa To 1.The Territory Manager Trichy Retail Territory Office, Bharat Petroleum Corporation Ltd., 1st Floor, Raj Towers, Near Kalaignar Arivalayam Karur Bye Pass Road, Tiruchirapalli - 620002.

2.The Collector Cuddalore District, Cuddalore - 607001.

3.The District Revenue Officer, Cuddalore - 607001.

4.The District Environment Engineer Tamil Nadu Pollution Control Board, SIPCOT Complex, Kudikadu, Cuddalore - 607005.

27-02-2026