← Library
Madras High CourtWP/34970/2025disposed of with direction

P.Sasikumar v. The District Collector

2025-09-12Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 39121 and 39122 of 2025 P.Sasikumar Petitioner(s) Vs

1. The District Collector Erode District.

2.The District Revenue Officer Cum Additional District Magistrate, Erode District.

3.The District Revenue Divisional Officer Gobichettypalayam, Erode District.

4.The Assistant Director Of Town And Country Planning, Erode District.

5.Essay Petroleum India Private Ltd., No.37/1, Venkatramapuram Street, Bioscope Road, Pollachi-642 001.

Respondent(s)

PRAYER: This petition is filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the No Objection Certificate bearing LSDA File NO. 12613/ 2023/C4 dated 10.01.2025 (received under the Provisions of RTI Act on 21.04.2025) issued by the second respondent and quash the same and direct the respondents 1 and 2 not to permit the fifth respondent to establish any Auto Gas Fuel Station in and R.S. No.673/ 1B1A1A Kolappallur village, Gobichettypalayam, Erode District in violation of the distance criteria Prescribed under Circular dated 09.09.2024 issued by the Petroleum and Explosives Safety Organization (PESO) and Static and Mobile Pressure (unfired) Rules (SMPV Rules) 2016. For Petitioner(s):

Mrs.T.Hemalatha For Respondent:

Mrs.S.Anitha, SGP R1 to R4

ORDER

This petition has been filed seeking to quash the No Objection Certificate bearing LSDA File NO. 12613/ 2023/C4 dated 10.01.2025 (received under the Provisions of RTI Act on 21.04.2025) issued by the second respondent and and direct the respondents 1 and 2 not to permit the fifth respondent to establish any Auto Gas Fuel Station in and R.S. No.673/ 1B1A1A Kolappallur village, Gobichettypalayam, Erode District in violation of the distance criteria Prescribed under Circular dated 09.09.2024 issued by the Petroleum and Explosives Safety Organization (PESO) and Static and Mobile Pressure

(unfired) Rules (SMPV Rules) 2016.

2. It is the case of the petitioner that the petitioner is a resident of Kolappalur Village, Gobi Taluk, Erode District. The land to an extent of about 13.50 Acres situated adjacent to Gobi-Dharapuram Road has been approved for formation of a residential layout and there are about 100 residential houses in and around the layout which is expected to be occupied by 300 houses. The petitioner owns a property bearing No. 587 G.D. Road, very close to the said layout. Land which is very close to petitioner property and also various residential houses viz., R.S.No. 673/1C1A1 comprising an area of 42.5 Acres of Punjai land is owned by one Samiathaa wife of Subramani. Essay Petroleum India Private Ltd has made arrangements in the above in the said property to establish an Auto Gas Fuel Station. The fuel station is proposed to come up in R.S.No.

673/1C1A1. Local public as well as persons directly affected have given several representations to the Kolappalur Town panchayat and other respondents to cancel the permission as the same is in violation of distance criteria. One A.S.Sathyamurthy of Kolappalur Village has given an application to the district collector seeking whether NOC has been granted for establishment of LPG gas station and whether objection of the public have been considered. The petitioner was called for an enquiry on 04.11.2024 by the 2nd respondent. The petitioner and others participated in the enquiry. They were orally informed that no permission will be granted for establishment of the Auto Gas Fuel Station.

construction work which is likely to be completed very soon and will be established in spite of objection. The petitioner has raised objections for the establishment of the LPG station. Pursuant to the RTI application made by A.S.Sathyamurthy the Public Information Officer, office of the District Collector, Erode has forwarded copy of the No Objection issued by Additional District Magistrate, Erode granting NOC to the fifth respondent for establishment of LPG gas station under rule 47 of the SMPV Rules 2016. No Objection Certificate bearing LSDA File No:12613/2023/C4 dated 10.01.2025 (received under the provisions of RTI Act on 21.04.2025) was issued by the second respondent. Aggrieved by the same the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that without interfering with the impugned order, this Court may issue a direction to the first respondent to conclude the proceedings dated nil.10.2024 and pass appropriate orders within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader submitted that the proceedings will be concluded within the stipulated time as fixed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record. Since no adverse orders are passed against the 5th

respondent and hence, notice to the 5 th respondent is dispensed with.

6. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court, without interfering with the impugned order, directs the first respondent to conclude the proceedings and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after providing opportunity to the petitioner as well as the 5 th respondent.

7. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

M.DHANDAPANI J.

rli To 1.The District Collector Erode District.

2.The District Revenue Officer Cum Additional District Magistrate, Erode District.

3.The District Revenue Divisional Officer Gobichettypalayam, Erode District.

4.The Assistant Director Of Town And Country Planning Erode District.

12.09.2025

12-09-2025