Kanmani Service Station, v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.31778 to 31785 of 2017 Kanmani Service Station, Rep. by its Partner Mr.A.R.Rose Kumar, No.1, Sydenhams Road, Choolai, Chennai - 600 112.
...Petitioner in WP.29481/2017
Kasturi Agencies, Rep. by its Partner Mr.L.Chandrasekar, No.2, Perambur High Road, Perambur, Chennai - 600 011.
...Petitioner in WP.29482/2017
Spurtank Road Filling Station, Rep. by its Proprietor Mr.F.Devandran, No.89, Mayor Ramanathan Saalai, Chetpet, Chennai - 600 031.
...Petitioner in WP.29483/2017
Sri Balaji Agencies, Rep. by its Partner Mr.K.Venkatesh, No.68, Royapettah High Road, Mylapore, Chennai - 600 004.
...Petitioner in WP.29484/2017
-Vs1/7
1.The State of Tamil Nadu, Rep. by Secretary Revenue Department, Ministry of Revenue, Fort St. George, Chennai - 600 001.
2.The District Collector, Chennai District, Singaravelan Maligai, First Line Beach, Chennai - 600 001.
...Respondents 1 and 2 in
all WPs 3.The Tahsildhar, Purasawalkam Taluk, Chennai - 600 003.
...3rd Respondent in WP.29481/2017 3.The Tahsildhar, Perambur Taluk, Chennai - 600 011.
...3rd Respondent in WP.29482/2017 3.The Tahsildhar, Egmore Taluk, Chennai - 600 031.
...3rd Respondent in WP.29483/2017 3.The Tahsildhar, Mylapore Taluk, Chennai - 600 028.
...3rd Respondent in WP.29484/2017 4.The Indian Oil Corporation Limited, Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai - 600 018.
...4th Respondent in all WPs 2/7
Prayer in W.P.No.29481 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 from in any manner interfering with the business of the petitioner by invoking the closure effected on 03.11.2017 based on show cause/demand notice in Re.No.B2/9125/86 dated 24.08.2017. Prayer in W.P.No.29482 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 from in any manner interfering with the business of the petitioner by invoking the closure effected on 03.11.2017 based on show cause/demand notice in Re.No.A2/11872/97 dated 24.08.2017. Prayer in W.P.No.
29483 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents culminating in the demand order/instruction in Na.Ka.No.Aa1/3594/1989 dated 19.05.2017 of the third respondent and the notice dated 03.11.2017 in Lr.No. Aa1/3594/1989 dated 19.05.2017 and to quash the same and direct the respondents to forbear them from in any way interfering with the petitioner's business.
Prayer in W.P.No.29484 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified 3/7
Mandamus, calling for the records of the respondents culminating in the demand order/instruction 08.08.2017 in Ref.A2/11501/2016 of the third respondent and the notice dated 03.11.2017 in Na.Ka.A2/11501/2016 arising from impugned order of the third respondent in Na.Ka.A2/11501/2016 dated 08.08.2017 and to quash the same and direct the respondents to forbear them from in any way interfering with the petitioner's business.
For Petitioners in W.P.Nos.29481 to29483 of 2017 :
No Appearance For Petitioner in W.P.No.29484 of 2017 :
Mr.D.Lakshmipathy For R1 to R3 :
Mr.T.Venkatesh Kumar, (in all WPs) Special Government Pleader For R4 (in all WPs) :
Mr.Karthikeyan
ORDER
The impugned orders reveal that for non-payment of lease rent, the petitioners' petrol bunks were sealed by the revenue authorities. 4/7
2. The learned counsel for the petitioner brought to the notice of this Court that subsequently, the Indian Oil Corporation has paid the lease rent and thereafter, the authorities have removed the seal and allowed the petitioners to run their petrol bunks. As of now, the petrol bunks are in operation and the Indian Oil Corporation is paying the rent.
3. This being the factum, no further adjudication is required with reference to the grounds raised in the present Writ Petitions. If any other grievances exist to the petitioners, they are at liberty to approach the competent authorities to redress the same in the manner known to law.
4. With this observation, all these Writ Petitions stand closed. No costs. Consequently, connected miscellaneous petitions are closed. 02.08.2023 Index:Yes/No Speaking order/Non-speaking order hvk 5/7
To 1.The Secretary Revenue Department, Ministry of Revenue, Fort St. George, Chennai - 600 001.
2.The District Collector, Chennai District, Singaravelan Maligai, First Line Beach, Chennai - 600 001.
3.The Tahsildhar, Purasawalkam Taluk, Chennai - 600 003.
4.The Tahsildhar, Perambur Taluk, Chennai - 600 011.
5.The Tahsildhar, Egmore Taluk, Chennai - 600 031.
6.The Tahsildhar, Mylapore Taluk, Chennai - 600 028.
7.The Indian Oil Corporation Limited, Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai - 600 018.
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S.M.SUBRAMANIAM, J.
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