B.Arunkumar v. The Divisional Manager Of Indian
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.34716 of 2019 B.Arunkumar
...Petitioner
vs 1.The Divisional Manager of Indian Oil Corporation Ltd Head of Divisional Office Coimbatore Divisional Office 2.The Executive Director(Retail Sales) No.139, Mahatma Gandhi Road Nungambakkam High Road Chennai-34 3.The Executive Director (retail sales) G-9 Alu Yavar Jung Marg Bandra East Mumbai, Maharastra- 400 051.
4.The Chief General Manager (Retail Sales) Indian oil Corporation Indian Oil Bhavan No.139 Mahatma Gadhi Road 5.The Deputy General Manager (Retail Sales) Indian oil Corporation Indian Oil Bhavan No.139 Mahatma Gadhi Road Nungambakkam High Road Chennai-34 6.The Chief Retail sales Manager Indian Oil Corporation Ltd Indian Oil Bhavan
7. The District Fire Officer District fire service office Avinashi Road Kumar Nagar Tiruppur 641603.
8.The Superintending Enginner State Highways C and M Circle of Tirupur Chikkanna College road Kallampalayam Tiruppur- 641 602.
9.The Commissioner Tirupur City Muncipal Corporation Tiruppur.
10.The District collector Tirupur District Collectorate Palladam Road Tiruppur.
11.The Commissioner of Police Tirupur City Police Commissioner office Sirupooluvapatti Amman Kalyanamandapam Tirupur Town.
12.The Deputy Controller of Explosives Ministry of Commerce and Industry Petroleum and Explosives safety organization (PESO) A and D wing Block 1-8 IInd Floor Shastri Bhavan No 26, Haddows Road, Nungambakkam Chennai 600 006.
13.K.Kalaivani
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents 1 to 13 from issuing any dealership for vending petroleum retail outlet through the Land Comprised in S.No.422/1/E1B Velampalayam Village Tirpur North Taluk in Pursuant to the notification dated 24.11.2018 issued on behalf of Indian Oil corporation Ltd.
For Petitioner :
Mr.G.Ethirajulu For Respondents :
Mr.Mohammed Fayaz Ali for respondents 1 to 6
ORDER
(made by the Hon'ble Chief Justice) The grievance in this public interest litigation is that a petrol pump is proposed to be set up right next to a cinema hall that has a seating capacity of 600. The petitioner claims that since the father owns the cinema hall and the daughter proposes to set up the petrol pump, there is no complaint on behalf of the cinema hall as to the location of the proposed petrol pump.
2. The oil company is represented and says that there are guidelines of 2009 which are in place and such guidelines do not prohibit the setting up of a petrol pump next to a cinema hall. In addition, according to the oil company, the Central Pollution Control Board has issued certain norms in 2019 that require the fueling pump or the storage area to be at least 15 meter away from any hospital or school or residential place.
3. It is further pointed out on behalf of the oil company that the petition is premature since no decision has been taken by the local authorities yet to clear the site for a petrol pump to be set up thereat.
4. Since it appears that no decision has yet been taken to set up a petrol pump at the relevant site, the writ petition is disposed of without going into the petitioner's objections. However, it is made clear that in the event a decision is taken to set up a petrol pump at the relevant site, it will be open to the petitioner or to any other person interested to object thereto and take appropriate steps to resist the same in accordance with law.
5. W.P.No.34716 of 2019 is disposed of as premature. Consequently, W.M.P.No.35472 of 2019 is closed. There will be no order as to costs.
-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar tar To:
1.The Divisional Manager of Indian Oil Corporation Ltd Head of Divisional Office Coimbatore Divisional Office 2.The Executive Director(Retail Sales) No.139, Mahatma Gandhi Road 3.The Executive Director (retail sales) G-9 Alu Yavar Jung Marg Bandra East Mumbai, Maharastra- 400 051.
4.The Chief General Manager (Retail Sales) Indian oil Corporation Indian Oil Bhavan No.139 Mahatma Gadhi Road 5.The Deputy General Manager (Retail Sales) No.139 Mahatma Gadhi Road 6.The Chief Retail sales Manager Indian Oil Corporation Ltd Indian Oil Bhavan
7. The District Fire Officer District fire service office Avinashi Road Kumar Nagar Tiruppur 641603.
8.The Superintending Enginner State Highways C and M Circle of Tirupur Chikkanna College road Kallampalayam Tiruppur- 641 602.
9.The Commissioner Muncipal Corporation, Tiruppur.
10.The District collector Tirupur District Collectorate Palladam Road, Tiruppur.
11.The Commissioner of Police Tirupur City Police Commissioner office Sirupooluvapatti Amman Kalyanamandapam Tirupur Town.
12.The Deputy Controller of Explosives Ministry of Commerce and Industry Petroleum and Explosives safety organization (PESO) A and D Wing Block 1-8, II Floor Shastri Bhavan No 26, Haddows Road Nungambakkam, Chennai-600 006.
+1 CC to Mr.G.Ethirajulu, Advocate sr 22515.
W.P.No.34716 of 2019 PL(CO) SP(12/08/2021)