The petition sought a declaration that Siting and Access Criteria for petroleum outlets were mandatory under Article 21. The court found the State Government had already issued a Government Order making these guidelines applicable. Consequently, the writ petition was disposed of.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.2373 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.2373 of 2021
V.B.R.Menon .. Petitioner-in
person
Vs
New Delhi-110 001.
No.1, Parliament Street,
New Delhi-110 022.
Chennai – 600 009.
Page 1 of 7
W.P.No.2373 of 2021
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration to declare that the Siting and Access Criteria prescribed for Petroleum Retail Outlets under (i) Indian Road Congress Circular No. IRC-12-2016, (ii) Ministry of Road Transport and Highways Circular No.RW-NH-33032/01/2017S&R (R) dated 26.06.2020 and (iii) Central Pollution Control Board Office Memorandum No.B-13011/1/2019-20/AQM/10802-10847 dated 07.01.2020 shall be mandatory for compliance as an integral part of the right to life guaranteed under Article 21 of the Constitution of India and consequently direct the respondents to issue necessary Government Orders to the District Authorities and commissioners of Police to ensure strict compliance of the same through physical site inspections and obtaining prior concurrences from the respective Revenue, Highways, Water resources and Town and Country Planning departments, Pollution Control Board and Local bodies before issuing No Objection Certificates under Rule 144
___________ Page 2 of 7_
W.P.No.2373 of 2021
of the Petroleum Rules, 2002 to the Petroleum Retail Outlets situated within the State of Tamilnadu.
| For the Petitioner | : Mr.V.B.R.Menon Petitioner-in-person |
|---|---|
| For the Respondents | : Mr.T.V.Krishnamachari SPCGC for respondent Nos.1 and 2 |
| : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.3, 4 & 5 |
|
| : Mrs.Shanmugavalli Standing Counsel for respondent No.6 |
|
| : Mr.Gokulakrishnan Standing Counsel for respondent No.7 |
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.V.B.R.Menon, the petitioner-in-person; Mr.T.V.Krishnamachari, learned counsel for respondents 1 and 2; Mrs.R.Anitha, learned Special Government Pleader for respondents 3 to 5; Mrs.Shanmugavalli, learned Standing Counsel for the sixth
___________ Page 3 of 7_
W.P.No.2373 of 2021
respondent and, Mr.Gokulakrishnan, learned Standing Counsel for the seventh respondent.
Page 4 of 7
W.P.No.2373 of 2021
of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index : Yes/No Neutral Citation : Yes/No bbr
To
1.The Secretary, Ministry of Petroleum & Natural Gas, A-Wing, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi-110 022.
Page 5 of 7
W.P.No.2373 of 2021
6.The Chairman, Tamilnadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.
7.The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi-110 032.
Page 6 of 7
W.P.No.2373 of 2021
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr
W.P.No.2373 of 2021
12.07.2023
___________ Page 7 of 7_
1 issue framed by the court
Whether the State Government had issued an order making the Siting and Access Criteria for petroleum retail outlets mandatory.
V.B.R. Menon
The Secretary, Ministry of Petroleum & Natural Gas
The Secretary, Ministry of Road Transport and Highways
The Additional Chief Secretary to Government, Revenue and Disaster Management Department
The Principal Secretary to Government, Highways & Minor Ports Department
The Director General of Police
Sanjay V. Gangapurwala
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
