S.Visvanathan v. The Joitn Chief Controller Of Explosives,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Visvanathan ..

Petitioner Vs.

1. The Joint Chief Controller of Explosives South Circle, Chennai Petroleum and Explosives Safety Organisation (PESO) A and D Wing, Block 1-8, 2nd Floor Shastri Bhawan, No.26, Haddows Road Nungambakkam, Chennai - 600 006.

2. The District Revenue Officer Dharmapuri District Collectorate Complex 1st Floor, Salem Main Road Near Superintendent of Police Office Dharmapuri - 636 705.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board Old No.64 A, New No.8, 1st Floor 5h Cross, Appavu Nagar Dharmapuri - 636 701.

4. The Regional Director Central Pollution Control Board Regional Directorate (Chennai) 2nd Floor, 77-A, South Avenue Road Ambattur Industrial Estate, Chennai - 600 058.

5. The Divisional Engineer (Construction and Maintenance) Highways Department, Dharmapuri Sub-Division Virupakshipuram, Dharmapuri - 636 701.

6. The Divisional Retail Sales Head Indian Oil Corporation Ltd.

Divisional Office, Salem No.234, Salem-Bangalore Bye Pass Road Kondalampatti, Salem - 636 010.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, to forbear the 1st to 5th respondents from issuing the prior site approval, explosive license, no objection certificate (NOC) and all other approvals / permissions to the 6th respondent to commission and operate the proposed road side new petroleum retail outlet on Dharmapuri to Harur Road (SV Road) at Survey Field No.1/5A1, Block No.38, Ward - C, Dharmapuri Town, Dharmapuri Taluk and District.

For the Petitioner : Mr.V.B.R.Menon For the Respondents : Mr.Sudhir Kumar Senior Panel Counsel for R1 Mr.K.Karthik Jegannath Government Advocate for R2 and R5 Mr.Mohammed Fayaz Ali for R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.B.R.Menon, learned counsel for the petitioner, Mr.Sudhir Kumar, learned Senior Panel Counsel for respondent 1, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 2 and 5 and Mr.Mohammed Fayaz Ali, learned counsel for respondent 6.

2. Learned counsel for the petitioner submits that the plan for prior site approval, explosive license, No Objection Certificate and other approvals are submitted by respondent 6 to commission and operate the proposed road-side new petroleum retail outlet at Dharmapuri - Harur road.

3. According to learned counsel for the petitioner, the river and the water channel pass just adjacent to the proposed site. The said river and the water channel are only twenty meters away. The submission of plan and application for No Objection Certificate as well as other approvals are illegal.

4. Learned counsel appearing for respondent 6 submits that today, the present petition is premature as no orders are passed.

5. Only the proposal is given. No orders are passed for approval of explosive license or for any other permission. Presumption is that official acts would be properly performed. All the relevant aspects of the matter, certainly will have to be considered by the authority before passing orders for approval, permission or grant of license. The authority, certainly would consider all the said legal aspects of the matter.

6. The writ petition, as such, stands dismissed. There shall be no order as to costs. Consequently, W.M.P.No.9200 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 26.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The Joint Chief Controller of Explosives South Circle, Chennai Petroleum and Explosives Safety Organisation (PESO) A and D Wing, Block 1-8, 2nd Floor Shastri Bhawan, No.26, Haddows Road Nungambakkam, Chennai - 600 006.

2. The District Revenue Officer Dharmapuri District Collectorate Complex 1st Floor, Salem Main Road Near Superintendent of Police Office Dharmapuri - 636 705.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board Old No.64 A, New No.8, 1st Floor 5h Cross, Appavu Nagar Dharmapuri - 636 701.

4. The Regional Director Central Pollution Control Board Regional Directorate (Chennai) 2nd Floor, 77-A, South Avenue Road Ambattur Industrial Estate, Chennai - 600 058.

5. The Divisional Engineer (Construction and Maintenance) Highways Department, Dharmapuri Sub-Division Virupakshipuram, Dharmapuri - 636 701.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 26.03.2024