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Madras High CourtWP/46285/2025disposed of

Anna Agency v. The General Manager

2025-12-02Honourable Mr Justice N. Sathish Kumar5 pages

2026:MHC:210 IN THE

IN THE HIGH COURT OF JUDICATURE AT MADRASOF

JUDICATU MADRAS Dated: 02.12.2025 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Anna Agency Represented by its Managing Director Mr.S.Magesh, S/o.Late V.K,Subramanian IOCL Dealer, No.63-A/1, Railway Road Kancheepuram - 631 501 ..Petitioner Vs.

1. The General Manager Indian Oil Corporation Limited No.139, Nungambakkam High Road Chennai - 600 034

2. The Chief Divisional Retail Salem Manager/DRSH IOCL, Yarlagadda Tower, 1st Floor Next to Income Tax Office Nungambakkam High Road Chennai - 600 034 ... Respondents Writ Petition filed under Article 226 of Constitution of India for issuance of writ of mandamus directing the respondents to issue NOC for surrendering the business operation based on the petitioner's representation dated 05.08.2025.

For Petitioners ...

Mr.K.Raja For Respondents ...

Mr.Mohamed Fayaz Ali Standing counsel for R1 and R2 ------ 1/5

O R D E R

The petitioner seeks a direction to the respondents to issue No Objection Certificate for surrendering the business operation based on the petitioner's representation dated 05.08.2025.

2. It is the grievance of the writ petitioner that he was granted dealership agency to sell petroleum products vide Dealership Agreement dated 15.04.2008 for a period of 15 years and the same came to an end on 14.04.2023. The learned counsel for the petitioner submits that for the past five years, the business is not doing well and hence, the petitioner decided to close the outlet. In this regard, the petitioner gave a representation dated 05.08.2025 to the respondents, but the same has not been considered by the respondent till date. Hence, the present writ petition.

3. Per contra, the learned Standing counsel for the respondents would submit that the Dealership Agreement consists of several clauses and one such clause is Clause 2 and as per Clause 2 after expiry, the agreement will continue thereafter for successive period of one year each until determined by either party by giving three months notice in writing to the other of its intention to terminate the agreement and upon the expiration of any such notice, the agreement shall stand cancelled and revoked. Hence, it is his 2/5

contention that now the petitioner has already issued a notice on 05.08.2025, 3 months time is over and the respondent will consider the same in accordance with the terms of the agreement and pass an order.

4. Considering the fact that the parties are governed by the contract and the petitioner has already sent a notice in terms of the contract, the respondents are directed consider the representation of the petitioner dated 05.08.2025 and pass an order within a period of two weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

02.12.2025 Index: Yes/No Internet: Yes gpa 3/5

To

1. The General Manager Indian Oil Corporation Limited No.139, Nungambakkam High Road Chennai - 600 034

2. The Chief Divisional Retail Salem Manager/DRSH IOCL, Yarlagadda Tower, 1st Floor Next to Income Tax Office Nungambakkam High Road Chennai - 600 034 ...

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N. SATHISH KUMAR, J gpa 02.12.2025 5/5