Sasikala L vs State Of Kerala

N.Nagaresh, J

The petitioner is franchisee of a Petrol Pump named ‘Guru Fuels’ in Palamel Village. The petitioner is aggrieved by Ext.P3 notice of respondents 2 and 3, by which the petitioner has been required to stop the functioning the Petrol Pump till Pollution Control Board issues a Certificate based on an inspection report.

The petitioner states that while she was running the Petrol Pump, on 21.02.2023, a leakage was detected in the Ball Valve and the 4th respondent-Bharat Petroleum Corporation replaced the leaking Ball Valves. The leakage was cured on 22.02.2023 itself.

According to the petitioner, due to rain in summer season, the percolated petrol in earth spread into neighbouring properties causing inconvenience to a few neighbours. They made complaints. The petitioner had already rectified the defect and prevented the leakage. However, in view of the leakage already taken place, the petitioner has agreed to supply drinking water to the affected parties. Counsel for the petitioner submitted that the Pollution Control Board is not expected to issue an inspection report or certificate at the asking of the petitioner. In the circumstances, Ext.P3 notice is illegal and unsustainable.

Standing Counsel entered appearance on behalf of the 4th respondent-Petroleum Company. The Standing Counsel submitted that a leakage was detected in the Valves of the pipe. Immediately, the personnel from the 4th respondent-Bharat Petroleum Corporation were rushed to the site and they replaced the Valves. There is no more leakage of Valves in the petitioner’s Fuel Outlet as of now.

Standing Counsel for the Pollution Control Board submitted that on the basis of the complaints received from the local people, they have made a site visit on 25.05.2023 and have collected water samples, which have forwarded for analysis. Any further action on those complaints can be taken only after receipt of the water samples.

Standing Counsel for the Panchayat entered appearance and submitted that the fact that there was a leakage of petrol in the Petrol Pump of the petitioner is not disputed. The leakage from the Petrol Pump affected the drinking water availability of the nearby residents. It was under such circumstances that the petitioner was required to stop the functioning of the Unit and was advised to obtain a Certificate from the Pollution Control Board based on their inspection report.

I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1st respondent and the respective Standing Counsel representing respondents 2 to 5.

The fact that leakage of petrol occurred in the petitioner’s Fuel Outlet is not in dispute. According to the petitioner and the 4th respondent, the leakage was due to defects in the Valves and those Valves have been replaced when leak was detected. The complaints from local people arose because the already leaked petrol percolated into the earth and consequently into their drinking water resources. The petitioner has taken all remedial measures.

In view of the fact that the leaking valves are already replaced, I do not think that Ext.P3 Stop Memo need to be sustained any more.

In the circumstances of the case, the writ petition is disposed of setting aside Ext.P3 and directing the 5th respondent to inspect and monitor the functioning of the Fuel Outlet of the petitioner, for a further period of two months. The 5th respondent will be at liberty to take appropriate action as is found necessary.