Madras High Court
B.Karthik vs The Chief General Manager on 25 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.P.(MD).No.29567 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.29567 of 2023
and
W.M.P.(MD)Nos.25527 and 25528 of 2023
B.Karthik ... Petitioner
-vs-
1.The Chief General Manager -
Re tail,
M/s. Hindustan Petroleum Corporation
Ltd,
South Zone,
Thalamuthu Natarajan Building,
4th Floor 1, Gandhi Irwin Road,
Egmore, Chennai-600 008.
2.The Chief Divisional Sales Manager,
M/s. Hindustan Petroleum
Corporation Ltd.,
No.90, MSDR Enclave,
Bharathidasan Road,
Cantonment, Trichy-620 001.
3.The Commissioner,
Trichy Municipal Corporation,
Trichy, Trichy District.
4.The District Fire Officer,
Beemanagar Road, Cantonment,
Trichy, Trichy District.
5.The Joint Chief Controller of
Explosives A & D Wing,
1/9
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W.P.(MD).No.29567 of 2023
Block-1, Shastri Bhavan,
No.26, Haddows Road,
Nungambakkam, Chennai.
6.The Commissioner of Police,
Trichy, Trichy District.
7.The Director,
Central Pollution Control Board,
Parivesh Bhawan, East Arjune Nagal,
Delhi-110 032. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Certiorari, to call for the records relating to impugned order
in Rc.No.M2/22720/2022 dated 17.08.2023 of the 6th respondent herein
and the consequential impugned order in No.P/SC/TN/14/10470 (P550897)
dated 31.10.2023 of the 5th respondent herein and quash the same.
(Prayer amended vide Court order dated 29.01.2024 in W.M.P.(MD)No.
26302/2023 in W.P.(MD)No.29567/2023)
For Petitioner : Mr.T.Pon Ramkumar
For R-1 & R-2 : Mr.S.Parthasarathy,
Senior Counsel,
For Mr.R.J.Karthick,
For M.Sridhar
For R-3 : Mr.R.Baskaran,
Senior Counsel,
R.B. Law Associates
For R-4 : Mr.S.R.A.Ramachandran,
Special Government Pleader
For R-5 : Mr.K.Govindarajan,
Deputy Solicitor General of India
For R-6 : Mr.Thanga Aravind,
Government Advocate (Criminal Side)
2/9
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W.P.(MD).No.29567 of 2023
For R-7 : Mr.Irulappan,
Central Government Standing Counsel
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
Challenge is to the No Objection Certificate issued for establishing a
fuel station by the 1st respondent at T.S.No.22, old survey No.158-21 AP,
Block No. 036, Ward No.004 AL Pirattiyur East Village, Edamalaipatti Pudur
Main Road, Trichy West Taluk, Trichy District, Tamil Nadu, as shown in the
site plan endorsed and enclosed along with No Objection Certificate.
2. Challenge is mainly on the ground that there is a road intersection
within 100 meters from the proposed site and therefore permission ought
not to have been granted. It is also claimed that no enquiry was conducted
prior to the grant of the certificate. Reliance is placed on the judgment of the
Division Bench of this Court in K.N.Shanmugam .vs. Commissioner of
Police, Trichy City Police Office, made in W.P.(MD).No.5690 of 2019
dated 05.08.2019, in support of the submissions that enquiry is
mandatory.
3. We have heard, Mr.T.Pon Ramkumar, learned counsel appearing for
the petitioner, Mr.S.Parthasarathy, learned Senior Counsel for
Mr.R.J.Karthick, for M.Sridhar learned counsel appearing for the
respondents 1 and 2, Mr.R.Baskaran, learned Senior Counsel, for M/s.R.B.
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Law Associates, appearing for 3rd respondent, Mr.S.R.A.Ramachandran,
learned Special Government Pleader appearing for 4th respondent,
Mr.K.Govindarajan, learned Deputy Solicitor General of India, appearing for
5th respondent, Mr.Thanga Aravind, learned Government Advocate (Criminal
Side) appearing for 6th respondent and Mr.Irulappan, Central Government
Standing Counsel appearing for 7th respondent.
4. Mr.T.Pon Ram Kumar, learned counsel appearing for the petitioner,
would vehemently contend that the permission granted is in violation of
G.O.Ms.No.25, dated 24.02.2022. He would also point out that the fuel
station is within 100 meters from the intersection with a road, and
therefore, the NOC granted is not sustainable.
5. Contending contra, Mr.S.Parthasarathy, learned Senior Counsel
appearing for the respondents 1 and 2 and Mr.K.Govindarajan, learned
Deputy Solicitor General of India, appearing for the 5th respondent, would
submit that G.O.Ms.No.25 would apply only for fuel stations established
along side State Highways, major district roads and other district roads. It
will not apply to a road situated within a corporation area. They would also
submit that the authority has considered the certificates issued by various
authorities and has granted the NOC.
6. As far as the distance norms are concerned, the same is governed
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by the Guidelines for Access, Location and Lay out of Road Side Fuel
Stations and Service Stations published by the Indian Road Congress.
Condition 4 deals with siting of the fuel stations and condition 4.5 clearly
states that the distance norms will be applicable only to fuel stations along
National Highways, State Highways and other major district roads.
Therefore, the G.O., which is relied upon, namely, G.O.Ms.No.25, dated
24.02.2022, also restricts its operation to state highways, major district
roads and other district roads maintained by the Tamil Nadu High Ways
Department. We do not find that these conditions could be made applicable
to city limits where these conditions may not apply.
7. The next contention of Mr. T.Pon Ramkumar is that no enquiry was
conducted. Reliance is placed on Sub Rule (5) of Rule 144 of the Petroleum
Rules, 2002, which relates to grant of a No Objection Certificate. The said
rule reads as follows:
“144.No objection certificate. (1) Where the licensing
authority is the Chief Controller of the Controller, as the case
may be, an applicant for a new license other than a license in
Form III, XI, XVII, XVIII or XIX shall apply to the District
Authority with two copies of the site-plan showing the location of
the premises proposed to be licensed for a certificate to the
effect that there is no objection to the applicant receiving a
license for the site proposed and the District Authority shall, if
he sees no objection, grant such certificate [in the proforma
specified in sub-rule (7),] to the applicant who shall forward it to
the licensing authority with his application in Form IX.
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[Note. The licensing authority shall accept the no objection
certificate within a period of three years from the date of its
issue for considering grant of license.]
(2) Every certificate issued by the District Authority under
sub-rule (1) shall be accompanied by a copy of the plan of the
proposed site duly endorsed by him under his official seal.
(3) The Chief Controller or the Controller, as the case may
be, may refer an application not accompanied by certificate
granted under sub-rule (1) to the District Authority for his
observations.
(4) If the District Authority, either on a reference being
made to him or otherwise, intimates, to the Chief Controller or
the Controller, as the case may be, that any license which has
been applied for should not, in his opinion, be granted, such
license shall not be issued without the sanction of the Central
Government.
(5) The District Authority shall complete his inquiry for
issuing No Objection Certificate (NOC) under sub-rule (1) and
shall complete the action for issue or refusal of the NOC, as the
case may be, as expeditiously as possible but not later than
three months from the date of receipt of application by him.
[(6) Where the location of storage of petroleum is within
the notified area of a Port or Airport [or Railways] under the
control of the state, or establishment of Indian Space Research
Organisation or Department of Atomic Energy, NO OBJECTION
CERTIFICATE from the District Authority referred to in sub-rules
(1) to (5) shall not be required:
Provided that consent for establishment of petroleum
storage from the competent authority of concerned notified area
or head of the establishment, as the case may be, is obtained.]”
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8. Sub Rule 5 is relied upon to contend that an enquiry has to be
conducted. According to Mr.T.Pon Ram Kumar, this enquiry would be a
public enquiry and the authority is duty bound to call for objection from the
public. We are unable to read such requirements into the rule as suggested
by the learned counsel. Of course, in K.N.Shanmugam .vs. Commissioner
of Police, Trichy City Police Office, made in W.P.(MD).No.5690 of 2019
dated 05.08.2019, the Division Bench has held that an enquiry is
necessary, but such enquiry is not a public enquiry or a public hearing. The
enquiry should be limited to the requirements of the rules, and the form of
No Objection Certificate itself states as to what are the matters that are to be
decided by the licensing authority.
9. In the case on hand, while passing the impugned permission, the
licensing authority has referred to the certificates issued by various district
level officers like the District Officer, Fire and Rescue services, Trichy, the
Commissioner, Trichirappalli Municipal Corporation, the Deputy
Commissioner of Police, South, Trichirappalli City, the Assistant
Commissioner of Police, Intelligence Section, Trichirappalli City, the
Assistant Commissioner of Police, Cantonment Range, Trichirappalli City
and the Inspector of Police, Edamalaipatti Puthur, Law and Order Police
Station, Trichirappalli City. An approved site plan has also been taken into
account by the authority. We are therefore satisfied that due diligence has
been done on the requirements of Rule 144 while issuing the certificate.
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10. In view of the above, we see no merit in the writ petition. The writ
petition is dismissed. No costs. Consequently, connected miscellaneous
petitions are closed.
[R.S.M., J.] [L.V.G., J.]
25.10.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
Sml
To
1.The District Fire Officer,
Beemanagar Road, Cantonment,
Trichy, Trichy District.
2.The Commissioner of Police,
Trichy, Trichy District.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Sml
25.10.2024
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