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Madras High CourtWP/9516/2026disposed of with direction

Polyhose India Private Ltd v. Bharat Petroleum Corporation Ltd

2026-04-07Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No. 9516 of 2026 Polyhose India Private Limited, Represented by its Authorised Signatory, K.Saravanakumar, Polyhose Tower, 8th Floor, Western Wing, 86, Mount Road, Guindy, Chennai-600 032.

..Petitioner(s) Vs 1.Bharat Petroleum Corporation Limited, Registered Office at Bharat Bhavan, Nos.4 & 6, Currimbhoy Road, Ballard East, Mumbai-400 001.

2.Bharat Petroleum Corporation Limited, Southern Regional Office, No.1, Ranganathan Garden, Off 11th Main Road, Anna Nagar, Chennai-600 040.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, to direct the respondents to remove and take away within a prescribed time limit the fuel pumps, tanks, pipelines and all other equipments that were provided and erected by the respondents at site for operating a Petroleum Retail Outlet at No.89, Anna Salai, Guindy, Chennai-600 032 and hand over vacant possession to the petitioner.

For Petitioner(s):

M/s.Z.Rifa Fathima For Respondent(s):

Mr.M.Vijayan for M/s.King and Patridge

O R D E R

This Writ Petition has been filed to direct the respondents to remove and take away the fuel pumps, tanks, pipelines and all other equipments that were provided and erected by the respondents at site for operating a Petroleum Retail Outlet at No.89, Anna Salai, Guindy, Chennai and hand over vacant possession to the petitioner within a time limit fixed by this Court.

2. The case of the petitioner is that the land measuring 11,230 sq.ft situated in No.89, Anna Salai, Guindy, Chennai, was originally leased by M/s.Southern Petro Chemical Industries Corporation Limited to Bharat Petroleum Corporation Limited/respondents herein under a registered Lease Deed dated 01.04.2004 which was expired on 30.09.2025. Subsequently, the property was purchased by the petitioner herein under a registered Sale Deed dated 29.03.2012. Since the petitioner is not being inclined to renew the lease, several communications were issued to the respondents requesting them to hand over possession of the property upon expiry of the lease period. The petitioner also addressed a representation dated 30.09.2025 to the Commissioner of Police and PESO, requesting cancellation of No Objection Certificate dated

23.06.1961 issued to BPCL and the Petroleum License issued to BPCL. Despite receipt of representation, no response or action was initiated by the Commissioner of Police or PESO on the petitioner's request for cancellation of NOC and PESO License. Consequently, the petitioner herein filed writ petitions seeking to direct the Commissioner of Police and PESO to consider the petitioner's representation dated 30.09.2025. Pursuant to the same, the petitioner and the respondents were called for personal hearing on 18.12.2025 and thereafter, PESO passed an interim order cancelling the licence issued in favour of BPCL and issued a show cause notice for cancellation of PESO license. Pursuant to the enquiry and personal hearings conducted, the Commissioner of Police vide order dated 09.01.2026, cancelled the No Objection Certificate dated 23.06.

1961. Consequent to cancellation of Petroleum License and NOC, the petroleum retail outlet has been shut down and the retail outlet is not operational. Subsequently, PESO passed its final order dated 12.01.2026 cancelling PESO License issued in favour of BPCL with immediate effect. However, after the expiry of the lease deed on 30.09.2025, the pumps, tanks, pipelines etc., belonging to the respondents and erected at site are yet to be removed from the premises. Hence, the present writ petition has been filed seeking the aforesaid prayer.

3. When the matter is taken up for hearing today, the learned counsel appearing for the respondents submits that the respondents will vacate the

premises and hand over vacant possession to the petitioner within a period of six weeks.

4. Recording the submission made by the learned counsel appearing for the respondents, this Writ Petition is disposed of with a direction to the respondents to vacate the premises and hand over the vacant possession to the petitioner within a period of six weeks from the date of receipt of a copy of this order. Till handing over the vacant possession to the petitioner, the respondents are directed to pay the rents regularly along with the tax, if any, to the petitioner. There shall be no order as to costs. 07-04-2026 Index: Yes/No Speaking/Non-speaking order ssb To

1. Bharat Petroleum Corporation Limited, Registered Office at Bharat Bhavan, Nos.4 & 6, Currimbhoy Road, Ballard East, Mumbai-400 001.

2.Bharat Petroleum Corporation Limited, Southern Regional Office, No.1, Ranganathan Garden, Off 11th Main Road, Anna Nagar, Chennai-600 040.

M.DHANDAPANI J.

ssb 07-04-2026