C.Babu Vs The State of Tamil Nadu

The Regional Director, Regional Directorate-Tamil Nadu, Central Pollution Control Board, II Floor, No.77-A, South Avenue Road, Ambattur Industrial Estate, Ambattur Taluk,

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Thiruvallur District – 600 058.

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The Joint Chief Controller of Explosives, South Circle,

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Petroleum Explosives Safety Organisation(PESO), Chennai.

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The District Collector, Dindigul District, Dindigul.

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The District Revenue Officer, Dindigul District, Dindigul.

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The Revenue Divisional Officer, Palani, Dindigul District.

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The Tahsildar, Palani, Dindigul District.

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Indian Oil Corporation Ltd., Rep. By its Divisional Manager, Chennai Division, Chennai.

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Hindustan Petroleum Corporation Ltd., Rep. By its Regional Manager, Chennai.

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M/s. Indian Oil Corporation Ltd., Indian Oil Bhavan, 8/1079, Avinashi Road, Coimbatore – 18.

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Amuthavalli ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 11 to cancel all approvals / NOCs granted to set up petrol pump at survey Nos.398/9 and 400/4, Thangachiyamapatti Village, Oddanchatram Taluk, Dindigul District and further direct the

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respondents to forthwith stop the construction and operation of the impugned petrol pump and protect the adjacent water body and channel by considering the petitioner's representation dated 23.02.2025.

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For Petitioner : Ms.M.Nandhini Priyadharshini

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For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader for R-1, R-5 to R-8. Mr.Muralidharan for R-9 & R-11. Mr.Y.Sasikumar, Central Government Standing counsel for R4 Mr.Irulappan for R-3. Mr.T.Lajapathi Roy, Senior counsel, for M/s. Roy & Roy Associates for R-12. Ms.Madhuri Donti Reddy, Standing counsel for R-2. Mr.M.Sridher for R-10.

O R D E R

Heard both sides.

The 12^th respondent has been granted permission to locate

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their petroleum outlet in the petition-mentioned survey numbers. The petitioner alleges that the site of the petrol bunk is within 50

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meters from a water body.

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It is well settled that no such developmental activity can be

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allowed to be carried out within the prohibited distance of 50 meters. According to the learned Special Government Pleader, the field measurement indicated that the site is located within 47 meters. Confronted with this factual scenario, the learned standing counsel for the IOCL as well as the learned Senior counsel appearing for the dealer submitted that they would appropriately relocate the petroleum outlet so that this will beyond the prohibited distance of 50 meters.

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