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Madras High CourtWP/19794/2015disposed of

P.V.Mathew v. M/S. Hindustan Petroleum

2015-07-06Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :: 6.7.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.19794 of 2015 and M.P.No.1/2015 1 P.V.Mathew 2 Aleyamma Mathew 3 Varghese Mathew 4 Deny Varghese ...

petitioners versus 1 M/s. Hindustan Petroleum Office Petro Bhavan 2nd Floor New No.82 T.T.K. Road Alwarpet Chennai-18.

2 Deputy General Manager (Marketing) M/s. Hindustan Petroleum Office Petro Bhavan New No.82 T.T.K. Road Alwarpet Chennai-18.

3 The Senior Manager M/s. Hindustan Petroleum Corporation Ltd.

Chennai Retail Regional Office Petro Bhavan 2nd Floor New No.82 T.T.K. Road Alwarpet Chennai-18.

...

respondents Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the first and third respondents to dispose of the petitioner representation dated 27.02.2015 and 11.06.2015 For petitioner Mr.David Tyagaraj For respondents Mr.O.R.Santhanakrishnan, for M/s.King and Patridge

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioners claim that they have purchased the property from one Mahalakshmi and others, who are the legal heirs of

Maragathammal, through four sale deeds dated 23.10.2013, registered as Doc.Nos.8417/2013, 8418/2013, 8419/2013 and 8420/2013 respectively, on the file of the office of Sub Registrar, Walaja in Old S.No.212/2 and 227 at Ranipet, and in survey records Ward-C Block, No.7, T.S.No.13/2, 14, 18, 19 and 20 at Thandalam Village, Walaja Taluk, Vellore District. The petitioners would state that 5000 sq.ft. of property was a portion forming part of the entire property, which was originally leased out to the first respondent, which was erstwhile known as Caltex Oil Refining (India) Ltd., for a period of ten years and the said petroleum outlet is situated at D.No.36E/1, M.B.T. Road, Muthukadai, Ranipet and it was closed for more than 18 years. The petroleum outlet is also in a dilapidated condition.

The petitioners after purchasing the property, submitted necessary applications for mutation of records and also sent representations dated 27.2.2015 and 27.3.2015, to respondents 1 and 3, to vacate and delivery vacant possession of the property, and since no orders have been passed, came forward with this Writ Petition.

3. I have heard the submissions of Mr.David Tyagaraj, learned counsel for the petitioner and M/s.King and Patridge, represented by Mr.O.R.Santhanakrishnan, appearing for the 1st respondent.

4. This Court, taking into consideration the limited prayer sought for, without going into the merits, directs respondents 1 and 3 to consider and dispose of the representation of the petitioners dated 27.2.2015 and 11.6.2015, on merits and in accordance with law and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order and inform the decision taken to the petitioners.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, M.P.No.1/2015 is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar tar To 1 M/s. Hindustan Petroleum Office Petro Bhavan 2nd Floor New No.82 T.T.K. Road Alwarpet Chennai-18.

2 Deputy General Manager (Marketing) M/s. Hindustan Petroleum Office Petro Bhavan New No.82 T.T.K. Road Alwarpet Chennai-18.

3 The Senior Manager M/s. Hindustan Petroleum Corporation Ltd.

Chennai Retail Regional Office Petro Bhavan 2nd Floor New No.82 T.T.K. Road Alwarpet Chennai-18.

1 cc to Mr. David Tyagaraj, Advocate Sr.No.33761 W.P.No.19794 of 2015 lrs(co) pmk.16.7.2015