The Chief Divisional Sales Manager (Retail) v. M.R.Syed Ibrahim Badusha
WA. 3597 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-12-2024
CORAM
THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WA. 3597 of 2024 THE CHIEF DIVISIONAL SALES MANAGER (RETAIL) INDIAN OIL CORPORATION LTD, INDIAN OIL BHAVAN, 8/1079, AVINASHI ROAD, COIMBATORE 641 018.
APPELLANT(S) Vs M.R.SYED IBRAHIM BADUSHA S/O MOHAMMED RAHAMATHULLAH, 57/A/, KATCHERI STREET, SIRUMUGAI ROAD, METTUPALAYAM 641 301.
RESPONDENT(S) For Appellant(s): Mr.Anantha Natarajan V.
For Respondent(s):
JUDGMENT
(Judgment of the Court was made by the Mr.Hon'ble R. Subramanian J) We see no merit in the Writ Appeal. Admittedly, the lease period is over and the Corporation cannot carry on business without obtaining an explosives license. The explosive license cannot be issued without the consent of the owner of the land. Therefore, the Writ Court had rightly allowed the Writ Petition, directing the Corporation to handover the possession to the owner of the land.
2. Mr.Anantha Natarajan, learned counsel for the appearing appellant / Corporation would however, contend that a suit will alone be a remedy and not a Writ Petition for eviction. This issue is no longer res-integra. Even in Albert Morris Vs. K.Chandrasekaran and Others reported in (2006) 1 SCC 228, the Hon'ble Supreme Court had held that once an explosive license cannot be granted without the consent of the land owner, the Corporation cannot continue in possession. In Bharat Petroleum Corporation Limited V.
R.Chandramouleeswaran and Others reported in 2020 (11) SCC 718, the Hon'ble Supreme Court held that the Corporation would not be entitled to the benefits of Section 9 of the City Tenants Protection Act, since it is not in actual physical possession of the land in question.
3. In view of the above categorical pronouncements of the Hon'ble Supreme Court, we do not see any reason to to drive the land owner to travails of a suit for eviction. Hence, this Writ Appeal fails and it is accordingly, dismissed. No costs. Time is granted for vacating is extended by 12 weeks from today.
(R. SUBRAMANIAN J.) (C.KUMARAPPAN J.) 10-12-2024 kkn
To
1. M.R.SYED IBRAHIM BADUSHA S/O MOHAMMED RAHAMATHULLAH, 57/A/, KATCHERI STREET, SIRUMUGAI ROAD, METTUPALAYAM 641 301.