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Madras High CourtWP/3507/2025disposed of

A.Alawdeen v. The Divisional Manager

2025-04-16Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.04.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.3882 of 2025 A.Alawdeen, S/o.K.Abdul Salam Rowther, No.39/17,Voc Nagar, Villupuram-605 602 ... Petitioner /versus/

1. The Divisional Manager, Indian Oil Corporation Ltd, Tiruchirappallai Divisional Office, "Triveni", 3rd Floor, B-35, Shastri Road, Thillai Nagar, Tiruchirappallai-620 018.

2. G.Velmurugan Aswin & Aswinin Quality fuels, Dealer - Indian Oil Corporation Ltd., Chennai Main Road, Kamala Nagar, Villupuram-605 602.

... Respondents Prayer: Writ Petition has been filed under Article 226 of Constitution of India, Writ of Mandamus, directing the 1st respondent to vacate and hand over vacant physical possession of the petrol pump premises situated at Survey No.2/4A1, Villupuram Revenue Village and Taluk, Villupuram District-605 602 to the petitioner within a prescribed time limit.

For Petitioner : Mr.V.B.R.Menon For Respondents : Mr.Mohammed Fayaz, for R1 : No appearance, for R2

O R D E R

This writ petition is filed for a writ of mandamus directing the first respondent to vacate and handover the physical possession of the petrol pump premises situated Survey No.2/4A1, Villupuram Revenue Village and Taluk, Villupuram District to the petitioner within such time limit as may be prescribed by this Court.

2. The case of the petitioner is that the petitioner leased out the said premises to be respondents vide lease deed dated 02.07.2007. The period of lease was for a 17 years and 4 months upto 08.11.2024 and the period of lease as per the said lease registered as document No.1964 of 2007 has since expired. Thereafter, the explosive license that is granted to the respondents is also cancelled since they did not have a right over the site. The business is also not run as on date. Therefore, the petitioner is praying for vacating and handing over of the property

in question to the petitioner. Per contra, the writ petition is resisted by filing a counter affidavit.

3. The Learned Counsel appearing on behalf of the respondent would submit that the respondents are tenants by holding over and the petitioner has to approach the Civil Court for any remedy for possession of the property that is demised to the petitioner.

4. I have considered the submissions made by the Learned Counsel on either side. By taking into account the Special Rules that are made under the Petroleum Act, the Hon'ble Supreme Court of India originally in C.Albert Morris vs. K.Chandrasekaran and others reported in (2006) 1 SCC 228, has rejected the argument 'tenant by holding over' as far as the retail outlets are concerned. When the very licence itself is not there, the respondent being an arm of the state, cannot plead that it will remain squatting over the property and the petitioner has to approach the Civil Court for possession. The Hon'ble Supreme Court had also considered the issue in National Company represented by its Managing Partner vs. Territory Manager, Bharat Petroleum Corporation limited and another

reported in (2021) 13 SCC 121. Similar orders have also been passed by this Court directing the Oil Company to handover possession. However, appropriate time has to be granted to the respondents for handing over the possession.

5. The Learned Counsel for the respondent would also submit that they will try and negotiate with the petitioner for renewal of the lease. The Learned Counsel for the petitioner submits that the petitioner will not be willing to renew the lease. In any event, it is for the parties to negotiate.

6. Considering the overall facts and circumstances of the case, I am of the view that four months time can be granted to the respondents for vacating and handing over the possession.

7. In view thereof, this writ petition is ordered on the following terms:

Within 4 months from the date of receipt of the web copy of the order, without waiting for the certified copy of the order, the respondents shall handover

the possession of the petition mention property to the petitioner. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

16.04.2025 : No.

bsm To, 1.The Divisional Manager, Indian Oil Corporation Ltd, Tiruchirappallai Divisional Office, Triveni, 3rd Floor, B-35, Shastri Road, Thillai Nagar, Tiruchirappallai-620 018.

D.BHARATHA CHAKRAVARTHY , J.

bsm 16.04.2025