Bharat Petroleum Corporation Ltd v. National Company
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 04.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.Nos.7303 to 7306, 7189 & 7190 of 2020 Bharat Petroleum Corporation Ltd.
No.35, Vaidyanatha Mudali Street Tondiarpet, Chennai 600 081.
.. Appellant in W.A.Nos.465 & 466/2020 M/s.Vijaya Auto Services New No.320, Old No.467 Anna Salai Nandanam, Chennai 35.
.. Appellant in W.A.Nos.488 & 489/2020 Vs.
1.National Company Represented by its Managing Director Dr.Arjun A.Raja No.9, Kandasamy Street, Mylapore 2.The Director General of Police Dr.Radhakrishnan Salai Page No.1 / 8
3.The Commissioner of Police/ District Authority,Vepery Chennai 600 007.
4.M/s.Vijaya Auto Services New No.320, Old No.467 Anna Salai, Nandanam Chennai 600 035.
..Respondents in W.A.No.465/2020 1.National Company Represented by its Managing Director Dr.Arjun A.Raja No.9, Kandasamy Street, Mylapore 2.Joint Chief Controller of Explosives Ministry of Commerce and Industry Petroleum and Explosives Safety Organisation (PESO) (Formerly Department of Explosives) No.140, Rukmini Laxmipathi Road Egmore, Chennai 600 008.
3.M/s.Vijaya Auto Services New No.320, Old No.467 Anna Salai, Nandanam Chennai 600 035.
..Respondents in W.A.No.466/2020 1.National Company Represented by its Managing Director Dr.Arjun A.Raja No.9, Kandasamy Street, Mylapore Page No.2 / 8
2.The Director General of Police Dr.Radhakrishnan Salai 3.The Commissioner of Police/ District Authority,Vepery Chennai 600 007.
4.Bharat Petroleum Corporation Ltd.
No.35, Vaidyanatha Mudali Street Chennai 600 081.
..Respondents in W.A.No.488/2020 1.National Company Represented by its Managing Director Dr.Arjun A.Raja No.9, Kandasamy Street, Mylapore 2.Joint Chief Controller of Explosives Ministry of Commerce and Industry Petroleum and Explosives Safety Organisation (PESO) (Formerly Department of Explosives) No.140, Rukmini Laxmipathi Road Egmore, Chennai 600 008.
3.Bharat Petroleum Corporation Ltd., No.35, Vaidyanatha Mudali Street Chennai 600 081.
..Respondents in W.A.No.489/2020 Page No.3 / 8
Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 10.03.2020 made in W.P.No.24058 of 2019 and W.P.No.31055 of 2012 passed by the learned Single Judge of this Court. For appellant in both W.A.Nos.465 & 466/2020 : Mr.O.R.Santhana Krishnan For appellant in both W.A.No.488 489/2020 : Mr.I,Abrar Mohamed Abdullah For respondents in W.A.No.465/2020 : Dr.R.Maheswari for R1 Ms.R.L.Karthika for R2 & R3, Government Advocate Mr.I.Abrar Mohamed Abdullah for R4 For respondents in W.A.No.466/2020 : Dr.R.Maheswari for R1 Mr.T.V.Krishnamachari for R2 Special Government Pleader Mr.I.Abrar Mohamed Abdullah for R3 Page No.4 / 8
For respondents in W.A.No.488/2020 : Dr.R.Maheswari for R1 Mr.K.Tippu Sultan for R2 & R3 Government Advocate Mr.O.S.Karthikeyan for R4 For respondents in W.A.No.489/2020 : Dr.R.Maheswari for R1 Mr.T.V.Krishnamachari for R2 Special Government Pleader Mr.O.S.Karthikeyan for R3 COMMON JUDGMENT (The Judgment of the Court was delivered by D.KRISHNAKUMAR, J) These Writ Appeals have been filed challenging the order dated 10.03.2020 passed by the learned Single Judge of this Court in W.P.No.24058 of 2019 and W.P.No.31055 of 2012. Page No.5 / 8
2. WP.No.24058 of 2019 has been filed to cancel the No Objection Certificate issued in favour of Bharat Petroleum Corporation Limited and hand over the vacant possession of the property to the first respondent/National Company. WP.No.31055 of 2012 has been filed to cancel the licence granted in favour of the Bharat Petroleum Corporation Limited. The learned Single Judge of this Court vide order dated 10.03.2020 struck down the renewal of license, cancelled the No Objection Certificate and directed the Bharat Petroleum Corporation Limited to vacate the premises. Aggrieved over the same the present appeals have been filed.
3. The learned counsel for the first respondent/National Company has fairly stated before this Court that the prayer sought for in these Writ Petitions has become infructuous as the first respondent/National Company has already taken over the possession of the property by virtue of the order passed by the Supreme Court in Civil Appeal No.6726 of 2021, dated 11.11.2021. Therefore, nothing survives for consideration in these appeals. The above statement is recorded.
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4. Since the possession of the property has already been taken over by the first respondent, nothing survives for consideration in these appeals. Accordingly, these appeals are dismissed as infructuous. No costs. [D.K.K., J] [P.B.B., J.] 04.09.2023 Speaking order: Yes/No Index : Yes/No pvs To 1.The Director General of Police Dr.Radhakrishnan Salai 2.The Commissioner of Police/ District Authority,Vepery Chennai 600 007.
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D.KRISHNAKUMAR , J.
and P.B.BALAJI , J.
pvs 04.09.2023 Page No.8 / 8