M/S. Chennai Fuels v. P.Kumar

CMP.No.8377 of 2022 in WA.SR.50433 of 2022 CMP.No.8377 of 2022 in W.A.SR.No.50433 of 2022 R.MAHADEVAN, J and S.ANANTHI , J [Order of the Court was made by R.MAHADEVAN, J] Learned counsel for the petitioner/appellant submitted that though the petitioner has filed a petition seeking to implead them as respondent in W.P.No.198 of 2021, the learned Judge, without providing an opportunity of hearing to them, closed the said writ petition recording the joint memorandum filed by the 1st respondent and the respondents 2 and 3 herein, on 16.03.2022. Learned counsel further submitted that the 2nd respondent/Indian Oil Corporation, who was the tenant under the 1st respondent, in the joint memorandum, has agreed to vacate the premises within 30.06.2022; and the petitioner, who was a dealer under the respondents 2 and 3, is running a retail petrol outlet in the land belonging to the 1st respondent, has to recover huge money and an alternative site. Therefore, the learned counsel sought leave to the petitioner to file a writ appeal.

2. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel for the petitioner, 1/2 https://www.mhc.tn.gov.in/judis

CMP.No.8377 of 2022 in WA.SR.50433 of 2022 R.MAHADEVAN, J.

and S.ANANTHI, J.

msr/mp this Court is inclined to grant leave to the petitioner to file Writ Appeal against the order passed in W.P.No.198 of 2021. Accordingly, leave is granted.

3. Registry is directed to number the writ appeal, if it is otherwise in order and post the same for admission.

[R.M.D., J] [S.A.I., J] 05.05.2022 msr/mp CMP.No.8377 of 2022 in W.A.SR.No.50433 of 2022 2/2 https://www.mhc.tn.gov.in/judis