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Madras High CourtWP(MD)/28286/2025disposed of

The Indian Oil Corporation Limited, v. The District Collector, Madurai

2025-10-14Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.28286 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28286 of 2025 The Indian Oil Corporation Limited, Represented by Divisional Retail Sales Head, Divisioal Office, No.2, Race Course Road, Chokkikulam, Madurai.

... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. K.L.Kumar, Proprietor of Hotel Temple City, Hotel Temple City, Near Ring Road Junction, Melur Road, Uthangudi, Madurai - 625 007.

(R-2 is suo motu impleaded vide order dated 14.10.2025.) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to initiate proceedings under Revenue Recovery Act in response to the Form-1 Certificate under section 14 of the Public Premises (Eviction of Unauthorized occupants) Act 1971 submitted by the Estate Officer dated 12.05.2025 and our application dated 17.09.2025.

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2 W.P.(MD)NO.28286 OF 2025 For Petitioner : Mr.K.Muraleedharan For R-1 : Mr.M.Lingadurai, Special Government Pleader For R-2 : Mr.V.Nagendran * * *

O R D E R

Heard both sides.

2. The writ petitioner obtained an award in their favour from the Estate officer. This writ petition has been filed to direct the District Collector to issue appropriate proceedings under the Revenue Recovery Act for recovery of the amount mentioned in the award.

3. When the matter was taken up for admission, the learned counsel for the second respondent submitted that questioning the award, they had filed C.M.A.Nos.49 and 50 of 2022 which is pending before the Principal District and Sessions Court, Madurai. 2/5

3 W.P.(MD)NO.28286 OF 2025

4. The learned counsel would also remark that the case is being adjourned from time to time only because the revenue records are awaited from the Estate officer. I direct the Estate officer concerned immediately to transmit all the relevant records to the learned Principal District and Sessions Judge, Madurai within a period of two weeks from the date of receipt of a copy of this order.

5. The learned Principal District and Sessions Judge, Madurai is directed to dispose of both the CMAs on merits and in accordance with law within a period of four months from the date of receipt of the records. The petitioner's rights will abide by the outcome of the CMAs. In any event, if the petitioner obtained any interim order in the CMAs, it would be the duty of the first respondent to initiate proceedings under the Revenue Recovery Act so that the fruits of the award are reaped by the writ petitioner. That of course would be subject to further orders that may be obtained by the second respondent. I make it clear that the aforesaid directions have been given on hypothetical basis. The matter is left entirely to the discretion of the learned Principal District and Sessions Judge, 3/5

4 W.P.(MD)NO.28286 OF 2025 Madurai only. This writ petition stands disposed of accordingly. No costs.

14.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Registry to mark a copy of the order to the Estate officer, Indian Oil Corporation, Chennai. To:

The District Collector, Madurai District, Madurai.

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5 W.P.(MD)NO.28286 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.28286 of 2025 14.10.2025 5/5