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Madras High CourtWP/34994/2025disposed of with direction

Kamala v. M/S.Hindustan

2025-09-15Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Kamala Petitioner(s) Vs

1. M/s.Hindustan Petroleum Corporation Ltd, Represented By its Secretary And Compliance Officer, Registered Office At Petroleum House 17 Jamshedji Tata Road, Chruchgate, Mumbai 2.General Manager M/s. Hindustan Petroleum Corporation Ltd, Thalamuthu Natarajan Building, 4th Floor, Chennai 600 008.

3.The Joint Chief Controller Of Explosives, M/s. Hindustan Petroleum Corporation Limited 6th Floor Lgo Tower, Haddows Road, Nungambakam, Chennai 600 006.

4.The Regional Manager M/s. Hindustan Petroleum Corporation Ltd, Level 4, G.K Towers No. 395/2 First Main Road, New Fairlands, Salem 636 018.

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5.Senior Regional Manager M/s. Hindustan Petroleum Corporation Ltd, Regional Office, No. 183 Big Bazar St, Coimbatore 641 001.

6.M/s. Sri Sellandi Aman Fuels Represented By Partner, Chittmankurichi, Amman Koil Edapadi, Salem 7.P Chandrasekaran 8.Kumar 9.Selvakumar 10.Govindan Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 to 5 to forthwith cancel the dealership / license granted in favour of respondents 7 to 10 in respect of 6th respondent petroleum retail outlet situated at the petitioner's property admeasuring to an extent of 36 cents in S.No.171/5 at Chettimankurichi village, Edappadi, Salem District and direct the respondents to hand over vacant possessions of the said property to the petitioner. 2/7

For Petitioner(s):

Mr.K.Prabakaran For Respondents:

Mr.Mohd.Fayaz for R1, R2R4 & R5 Mr.K.S.Jeyganesh for R3

O R D E R

This Writ Petition is filed to direct the respondents 2 to 5 to forthwith cancel the dealership license granted in favour of respondents 7 to 10 in respect of 6th respondent petroleum retail outlet situated at the petitioner's property admeasuring to an extent of 36 cents in S.No.171/5 at Chettimankurichi village, Edappadi, Salem District and direct the respondents to hand over vacant possessions of the said property to the petitioner.

2. With consent, the main Writ Petition itself is taken up for final disposal at the admission stage. Since no adverse orders are passed, notice to the private respondents are dispensed with.

3. The learned counsel for the petitioner would submit that the petitioner entered into a lease agreement with the private respondent, viz., R7 and the 7 th 3/7

respondent had entered into a sub-lease with 5 th respondent to install and run the petrol bunk of M/s Hindustan Petroleum Corporation Ltd., but when the petitioner approached the 7 th respondent to cancel the lease deed, the 7 th respondent failed to do the same, hence a representation dated 21.07.2025 has been given to the respondents 1 and 5 for taking action to cancel the agreement, since the same has not been done, the petitioner has come up with the present writ petition.

4. The learned counsel for the respondents 1,3, 4 and 5 would submit that based on the petitioner's representation enquiry will be conducted and appropriate orders will be passed, thereby pleaded to grant time.

5. Considering the submissions made on either side, the respondents 2 and 3 are directed to conduct enquiry and pass appropriate orders after affording opportunity of personal hearing to the petitioner as well as the private respondents within a period of eight weeks from the date of receipt of copy of this order.

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In view of the above, the present Writ Petition is disposed of. No costs. 15-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd 5/7

To 1.M/s.Hindustan Petroleum Corporation Ltd, Represented By Secretary And Compliance Office, Registered Office At Petroleum House 17 Jamshedji Tata Road, Chruchgate, Mumbai 2.Gneral Manager M/s. Hindustan Petroleum Corporation Ltd, Thalamuthu Natarajan Building, 4th Floor, Chennai 600 008.

3.The Joint Chief Controller Of Explosives, M/s. Hindustan Petroleum Corporation Limited 6th Floor Lgo Tower, Haddows Road, Nungambakam, Chennai 600 006.

4.The Regional Manager M/s. Hindustan Petroleum Corporation Ltd, Level 4 Gk Towers No. 395/2 First Main Road, New Fairland, Salem 636 018.

5.Senior Reginal Manager M/s. Hindustan Petroleum Corporation Ltd, Regional Office, No. 183 Big Bazar St, Coimbatore 641 001.

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M.DHANDAPANI J.

ssd 15-09-2025 7/7