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Madras High CourtWP(MD)/3428/2026dismissed

Maridurai v. The District Collector

2026-04-02Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Maridurai ... Petitioner vs.

1.The District Collector, Tenkasi, Tenkasi District.

2.The District Revenue Officer, Office of the District Revenue Officer, Tenkasi District.

3.The Joint Chief Controller of Explosive, A and D Wing Block 1-8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.

4.The District Fire Officer, Tenkasi Divison, Tenkasi District.

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5.The Bharat Petroleum Corporation Limited, Madurai, Madurai District.

6.Karthika Chidambaram ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to shift the proposed Bharath Petroleum outlet in Survey No.257B-5A, Sankarankoil Railway station road to Puliyangudi Road, Nagarm Village, Kadayanallur Taluk, Tenkasi District to any other suitable location in accordance with law and safety norms on the basis of the petitioner's representation dated 23.01.2026.

For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondents : Mr.A.Kannan (R1, R2 & R4) Additional Government Pleader : Mr.B.Rajesh Saravanan (R3) : Mr.P.Natesh Raja (R5) : Mr.K.Esakki Durai (R6) 2/7

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 4 to shift the proposed Bharat Petroleum retail outlet situated in Survey No.257B-5A, Sankarankoil Railway Station Road to Puliyangudi Road, Nagarm Village, Kadayanallur Taluk, Tenkasi District, to any other suitable location in accordance with law and safety norms, based on the petitioner's representation dated 23.01.2026. 2.The grievance of the petitioner is that the sixth respondent has proposed to establish a Bharat Petroleum retail outlet in the above said survey number and the second respondent has issued a No Objection Certificate (NOC) for the same.

3.The petitioner challenges the issuance of the said NOC as illegal, arbitrary, and in violation of the Petroleum Rules, 2002. It is contended that the proposed site is highly unsuitable and poses serious risks 3/7

to public safety and the environment. According to the petitioner, an agricultural well used for irrigation is situated in close proximity to the site, and establishment of a petrol bunk may result in groundwater contamination, thereby affecting agriculture and the livelihood of farmers. It is further stated that the surrounding lands are under active cultivation and any leakage of petroleum products may permanently damage soil fertility. 4.The petitioner further submits that an LPG gas godown storing highly inflammable materials and a brick kiln involving continuous heat operations are located near the proposed site, thereby increasing the risk of fire hazards and endangering public safety.

5.It is the further case of the petitioner that the authorities have failed to properly consider the environmental, safety, and statutory requirements before granting the NOC. The petitioner submitted representations dated 19.01.2026 and 23.01.2026 requesting relocation of the proposed outlet; however, no action has been taken. Hence, alleging 4/7

inaction on the part of the respondents and a continuing threat to public safety and the environment, the present Writ Petition has been filed seeking appropriate directions.

6.Heard the learned counsel appearing on either side and perused the materials available on record.

7.Admittedly, the competent authorities have already granted licence to the sixth respondent to establish and operate the petroleum retail outlet, and a No Objection Certificate has also been issued by the District Collector in proceedings in R.Dis: COLR/14362/2023-C1, dated 25.04.2025. It is stated that the outlet is already operational. 8.In such circumstances, we are not inclined to issue a direction to shift the petroleum retail outlet merely on the basis of the petitioner's representation. If the petitioner is aggrieved by the grant of licence or alleges any violation of statutory provisions or safety norms, it is open to the petitioner to challenge the same in the manner known to law. 5/7

9.Accordingly, the Writ Petition stands dismissed. No costs. [N.S.K.,J.] [M.J.R.,J.] 02.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Tenkasi, Tenkasi District.

2.The District Revenue Officer, Office of the District Revenue Officer, Tenkasi District.

3.The Joint Chief Controller of Explosive, A and D Wing Block 1-8, Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.

4.The District Fire Officer, Tenkasi Divison, Tenkasi District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 02.04.2026 7/7