The Senior Marketing Manage v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.1325 OF 2014 THE SENIOR MARKETING MANAGER TAMIL NADU REGION IBP CO LTD NO. 10 MAYOR V.R. RAMANTHAN ROAD CHETPUT CHENNAI 600 031.
...
appellant versus 1 THE SECRETARY MINISTRY OF PETROLEUM OIL AND NATURAL GAS GOVERNMENT OF INDIA NEW DELHI.
2 THE CHAIRMAN IBP CO LTD NIRMAL CHANDRA STREET KOLKATA 700 013 3 THE GENERAL MANAGER SOUTH REGION IBP CO LTD NO. 10 MAYOR V.R.
RAMANATHAN ROAD CHETPUT CHENNAI 600 031.
4 C .PANNIRSELVAM LAND OWNER IBP AUTO SERVICES SANGGIRI MAIN ROAD KARUVEPPAMPATTI TIRUCHENGODE 637 204 NAMAKKAL DISRICT.
5 V. BALAKRISHNAN LAND OWNER IBP AUTO SERVICES NO. 37--38 VELACHERRY MAIN ROD BALAIAH GARDEN MADIPAKKAM CHENNAI 600 091.
6 TMT. V. CHANDRA LAND ONER IBP AUTO SERVICES DHARMAPURI MAIN ROAD POCHAMPALLI 635 206 KRISHNAGIRI DISTRICT.
7 B. DEVARAJAN LAND OWNER IBP AUTO SERVICES PONDY BANGALORE HIGHWAY (OPP) BOYS HIGH SCHOOL SINGARAPETTAI 635 307 KRISHNGIRI DISTRICT.
8 N. KANDASAMY LAND OWNER IBP AUTO SERVICES MANIANOOR VILLGE & POST PERAMATHI VELUR 637 201 NAMAKKAL. DISTRICT.
9 K. PALANISAMY LAND OWNER IBP AUTO SERICES KALARANGADU MINNAMPALLI VILLAGE VAIYAPPAMALAI POST TIRUCHENGODE TALUK NAMAKKAL DISTRICT.
10 P.KALIDASS LAND OWNER IBP AUTO SERVICES PALANI ROAD NEAR SAMATHUVAPURAM S.V. MILLS POST UDUMALPET 642 126 COIMBATORE DISTRICT.
11 THIRU K.TAMIL SELVI IBP AUTO SERVICES 168 DHALI ROAD UDUMALPET 642 126 COIMBAORE DEISTRICT.
12 S. SELVARAJ LAND OWNER IBP AUTO SERVICES CUDDALORE MAIN ROAD KATTUKOTTAI VADA CHENNIMALAI ATTUR SALEM DISTRICT.
13 J.S. RADHAKRISHNAN LAND OWNER IBP AUTO SERVICES HOSUR ROD ROYAKKOTTAI KRISHNAGIRI DISTRICT.
14 TMT. A. SAMEELA KOUSER LAND OWNER IBP AUTO SERVICES KRISHNAGIRI MAIN ROAD ADDAKKURUKKI VILLAGE HOSUR TALUK KRISHNAGIRI DISTRICT.
15 TMT B. VIJAYA BABU LAND OWNER IBP AUTO SERVICES TUKKAPET VILLAGE PONDY -KRISHNAGIRI ROAD CHENGAK TIRUVENNAMALAI DISTRICT.
16 SRI JAGANATHA GINNING & OIL MILLS LAND OWNER IBP AUTO SERVICES 1 AVARAMPALYAAM ROAD SIDHAPUDUR COIMBAORE REP. BY ITS PARTNER D.LAKSHMI NARYANASAMY 17 TMT. T. AMIRTAHVALLI LAND OWNER IBP AUTO SERVICES NARANAPURAM POST PALLADAM COIMBATORE DISTRICT.
18 TMT. DANA LEKHA LAND OWNER IBP AUTO SERVICES PONDY CUDDALORE ROAD TOLL GATE MANAVELI VILLAGE PONDICHERRY-8 19 C. ARUNACHALAM LAND OWNERS IBP AUTO SERVICES OZHUGLNACHERY KANYAKUMRI DISTRICT.
Appeal filed against the order passed by this Court dated 15.12.2009 passed in W.P.No.41313 of 2006.
WP.NO.41313/2006:
Petition filed under Article 226 of the Constitution of India praying for the issue of Writ of Mandamus to direct the respondents to allot the Retail outlets Dealership to the peitoners on Land owners category as inthecase of IndianOil Cororaiton and Bharat petroleum.
For appellant : Mr.M.Ravindran, Senior Counsel for Mr.R.Ravi For Respondents : Mr.A.Murugan, Central Gov. Standing Counsel, for R-1 Mr.V.Elangovan, for Mr.S.Doraisamy, for R-4 Respondents 2, 3, 5 to 19 given up
J U D G M E N T
(made by K.K.SASIDHARAN, J.) The learned Single Judge allowed the Writ Petition filed by the 4th respondent and a Mandamus was issued to allot the retail outlet dealership to him under the "land owner's category". The order is under challenge at the instance of a public sector oil company on the ground that the direction was against the policy adopted by the Corporation, prohibiting such conversion.
2. When the appeal was taken up for hearing, the learned counsel for the 4th respondent filed an affidavit dated 30 July 2018 withdrawing the claim for dealership. The 4th respondent wanted the appellants to vacate the premises after the expiry of the lease term viz. 27 June 2022.
3. There is no need for a formal adjudication of the issue raised in this intra court appeal in view of the affidavit filed by the 4th respondent, withdrawing his claim for appointment as a dealer.
4. The 4th respondent is seeking a direction to the appellant to handover vacant possession after completing the lease term on 27 June 2022. The lease agreement executed between the appellant and the 4th respondent contain the essential terms. We are informed that the appellant is given option for renewal by fixing the terms by mutual consent. It would not be possible for this Court to direct the appellant to vacate the premises in view of the proviso for renewal. It is always open to the parties to negotiate the terms for renewal after the expiry of the initial term. We are therefore of the view that it would not be proper to issue a direction to vacate the premises at this point of time. It is open to the parties to work out their remedy in the light of the contractual terms and in accordance with law.
5. The intra court appeal is disposed of with the above observation. No costs. Consequently, M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tar To 1 THE SECRETARY MINISTRY OF PETROLEUM OIL AND NATURAL GAS GOVERNMENT OF INDIA NEW DELHI.
2 THE CHAIRMAN IBP CO LTD NIRMAL CHANDRA STREET KOLKATA 700 013 3 THE GENERAL MANAGER SOUTH REGION IBP CO LTD NO. 10 MAYOR V.R.
RAMANATHAN ROAD CHETPUT CHENNAI 600 031.
+1cc to Mr.S.Doraisamy, Advocate sr.no.52772 W.A.No.1325 OF 2014 nr 30/08/2018