Madras High CourtWP/43531/2025disposed of with direction

A.Karthikeyan v. The District Collector

2025-11-14Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 43531 of 2025 A.Karthikeyan Petitioner(s) Vs

1. The District Collector Tiruvannamalai District, Tiruvannamalai - 606 604 2.The General Manager Hindustan Petroleum Corporation Limited, Chennai LPG Regional Office, Petro Bhavan, 3rd Floor, No.82, T.T.K Road, Alwarpet, Chennai - 600 018.

3.The Assistant Sales Manager Hindustan Petroleum Corporation Limited, Chennai LPG Regional Office, Petro Bhavan, 3rd Floor, No.82, T.T.K Road, Alwarpet, Chennai - 600 018 4.Karthikeyan HP Gas Gramin Vitra Rep. by its Proprietor A.Anandhavel, S/o. P.Adhikesavan, No. 359, Melandai Street, Irumbedu Village and Post, Vandavasi Taluk, Tiruvannamalai District - 604 403.

Respondent(s)

PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 2 and 3 to terminate the Distributorship Agreement entered with the 4th respondent by considering the petitioner's representation dated 11.09.2025 within a time frame that may be fixed by this Hon'ble Court.

For Petitioner:

Mr.S.Jagan For Respondent:

Mrs.S.Anitha, Special Government Pleader for R1 Mr.Mohammed Fayaz Ali, for R2 and R3

ORDER

This petition has been filed seeking a direction to the respondents 2 and 3 to terminate the Distributorship Agreement entered with the 4th respondent by considering the petitioner's representation dated 11.09.2025 within a time frame that may be fixed by this Court.

2. It is the case of the petitioner that the petitioner is the absolute owner of the agricultural lands comprised in Survey Nos.308/4B measuring 0.4942 Acre, Sy.No.308/4C measuring to an extent of 0.7413 acre and Sy.No.312/1C measuring to an extent of 0.2471 acre situated at Irumbedu Village, Vandavasi Taluk, Tiruvannamalai District and the same was derived by the petitioner from his father under registered settlement deeds Nos.117/2020 and 121/2020 on the file of the SRO, Kilkodungalur. Subsequently, the petitioner obtained patta in

his name vide Patta Nos.5644 & 5616 of Irumbedu Village, Tiruvannamalai District.

3.It is the further case of the petitioner that the fourth respondent, who is the brother of the petitioner created bogus documents and declared that he is the absolute owner of the above said property and had illegally obtained License vide License No.G/SV/TN/06/104(G48622) for construction of godown and showroom from the Controller of Explosive, Vellore, who is subordinate of the respondents 2 and 3.

4.Aggrieved by the same, the petitioner sent a legal notice dated 19.04.2023 to the respondents 1 to 3, informing the respondents that the petitioner is the absolute owner of the subject property and that he did not give any consent to the fourth respondent for getting dealership license, for constructing a godown and showroom in the petitioner's land and requested them to terminate the Distributorship Agreement entered with the fourth respondent. However, there was no response from the respondents. Hence, the petitioner sent detailed representations on 24.05.2025 and 11.09.2025 to the respondents requesting them to terminate the Distributorship Agreement granted to the fourth respondent. However, no action has been taken by the respondents 1 to 3 till date. Hence, the present Writ Petition.

5. The learned counsel for the petitioner submitted that based on the representation made by the petitioner to the respondents 1 to 3, a show cause notice was issued by the second respondent to the fourth respondent, however, till date the same has not been concluded. Hence, a direction be issued to the second respondent to conclude the proceedings, within a stipulated period as fixed by this Court.

6. The learned counsel appearing for the respondents 2 and 3 submitted that the proceedings will be concluded within the stipulated time as fixed by this Court.

7. Heard the learned counsel for both side and perused the materials available on record. Since no order has been passed against the fourth respondent, notice to the fourth respondent is dispensed with.

8. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the second respondent to conclude the proceedings, pursuant to the issuance of show cause notice to the fourth respondent and to pass appropriate orders, in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner and also the fourth respondent.

9. With the above directions, the writ petition is disposed of. No costs. 14-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To

3.The Assistant Sales Manager Hindustan Petroleum Corporation Limited, Chennai LPG Regional Office, Petro Bhavan, 3rd Floor, No.82, T.T.K Road, Alwarpet, Chennai - 600 018

M.DHANDAPANI J.

Tsg WP No. 43531 of 2025 14-11-2025