IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1621 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.16802/2011 Dated 03/08/2011 .................... APPELLANT/PETITIONER: -------------- K.A.KADER, S/O.ABOOBACKER, AGED 56 YEARS, RESIDING AT KARUPPAM VEETTIL, CHAVALLOOR, KANDANNNASSERY, THRISSUR DIST. BY ADV. SRI.M.K.ABOOBACKER RESPONDENTS/RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THRISSUR-680 001. 2. THE STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, LAKZHMI, SHAKTHI NAGAR, POONKUNNAM, THRISSUR-680 002. 3. THE KANDANNASSERY GRAMA PANCHAYAT, REP. BY ITS SECRETARY, P.O.KANDANNASSERY, THRISSUR DIST-680 007. 4. THE CHIEF TOWN PLANER (C.T.P.), TRIVANDRUM-695 001. 5. SENIOR REGIONAL MANAGER, THE BHARATH PETROLEUM COMPANY LTD., P.O.IRUMBANAM, THRIPUNITHURA 682 309. 6. JALEEL, S/O.ABOOBACKER, RAMANATH HOUSE, CHOVALLOOR, KANDANNASSERY P.O., THRISSUR DISTRICT-670 007. G.P. SMT.MEERA FOR R1 & 4 ADV. SRI.P.RAMACHANDRAN FOR R-3 ADV. SRI.E.K.NANDAKUMAR FOR R5 SRI.S.SUJIN FOR R5 SRI.N.M.MADHU FOR R-6 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1621 of 2011 .................................................................... Dated this the 4th day of November, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Appeal is filed against judgment of the learned Single Judge declining to interfere with the setting up of a retail petroleum outlet which is said to be near to appellant's house. Appellant's case is that the retail business of petrol will offer a security threat to him in as much as there is likelihood of explosion. His another apprehension is that the leakage of petrol may pollute the drinking water source which is a well located in his house compound. There are around 2700 outlets in the State and so far no case of explosion is reported from any such petroleum outlet. It is common knowledge that petrol and diesel are stored in the petroleum outlets in MS Tanks much below ground level and there is no chance of the fuel catching up fire and so far no explosion or danger is reported. Therefore, this apprehension of the appellant is not well-founded. So far as apprehension of leakage of petrol to appellant's well is concerned, we are unable to believe that a 2 petroleum outlet can afford to store fuel in leaking tanks because it is so expensive an item that utmost care will be taken to have the tanks well-sealed and protected against any kind of leak. However, if any such leak or pollution is caused to drinking water source, we leave it open to the appellant to seek remedy and if necessary, to ask for closure of the outlet. We dismiss the appeal with the above observations. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms