D. Vijayaragavan vs The Commissioner Of Police on 1 July, 2022
59. Though it was mentioned in the Judgment relied on by the learned
counsel appearing for the 7th Respondent of the Hon'ble High Court of
Kerala in W.P. (C) No.7038 of 2021 (S) (Anil Kumar T.S. Vs. Union of
India &Ors.) where a prayer was made to revoke the permission granted
for allotment and construction of Petroleum Retail Outlet in
Thaneermukkom roadside of Muhamma Grama Panchayat relying on the
CPCB Guidelines and the Pollution Control Board Guidelines, the
Hon'ble High Court has observed that the State Pollution Control Board
had already granted Consent to Establish on 28.04.2020 and as such, it
cannot be said that it was an illegal construction. Further, the distance
criteria was not established by the writ petitioner and the Hon'ble High
Court came to the conclusion that the authorities have considered all
these aspects and only thereafter, necessary permissions were granted
and found that it is not a fit case to interfere with under Article 221 of the
Page 33 of 42
Constitution of India, but there was an observation made that "it was
made clear that the distance criteria is not peremptory but flexible in nature, in
order to contain the requirements and inevitable circumstances existing in the
locality in question".