Madras High Court
V.Narayanan vs K.Illanchezian on 13 July, 2021
W.A.(MD)No.296 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.296 of 2020
V.Narayanan .. Appellant/4th Respondent
Vs.
1.K.Illanchezian
Proprietor of Sri Narkani Petroleum Agencies,
No.1 – 300 A, Karaikudi Road,
Kallal Village, Karaikui Taluk,
Sivagangai District – 630 305. .. 1st Respondent/Writ Petitioner
2.The Special Commissioner and
Commissioner of Land Administration,
Chepauk, Chennai – 600 005.
3.The District Revenue Officer,
Sivagangai,
Sivagangai District.
4.The Tahsildar,
Karaikudi,
Sivagangai District. .. 2nd to 4th Respondents/1st to 3rd
Respondent
5.S.Kasiviswanathan Chettiar .. 5th Respondent/5th Respondent
4.The Senior Regional Manager,
Hindustan Petroleum Corporation Ltd.,
Madurai Regional Office,
Kapalur, Madurai – 8. .. 6th Respondent/6th Respondent
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W.A.(MD)No.296 of 2020
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 22.04.2019, in W.P.(MD)No.1763 of
2012.
For Appellant : Mr.K.Baalasundharam
For Respondent No.1 : Mr.A.Thirumurthi
For Respondent Nos.2 to 4 : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.5 & 6 : No appearance
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.K.Balasundharam, learned counsel for the appellant,
Mr.A.Thirumuthi, learned counsel for respondent No.1 and
Mr.R.Baskaran, learned Standing Counsel for Government, appearing for
respondent Nos.2 to 4.
2.The impugned order was put to challenge by respondent Nos.2
to 4 in W.A.(MD) No.1057 of 2021 and the same was disposed of by this
Court by order dated 03.06.2021. The operative portion of the order
reads as follows:
“4.In any event, the challenge to the order passed by
the second appellant cancelling the no objection certificate is
on several grounds, more particularly, on the ground that it
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W.A.(MD)No.296 of 2020
has been cancelled without reasonable opportunity to the first
respondent / writ petitioner. Further more, the no objection
certificate was granted on 27.01.2005, pursuant to which the
first respondent is operating the petrol bulk as a dealer of
Hindustan Petroleum Corporation Ltd., [HPCL]. The writ
petition was allowed in the year 2019 and all along, the first
respondent has been continuing with the dealership.
Therefore, we are of the view that it would be inequitable to
interfere with the running of the petrol bulk, at this juncture,
especially, when the two second appeals as mentioned above
are pending before this Court.
5.Therefore, we dispose of this appeal with the
above observation that the appellant can initiate appropriate
action against the first respondent / writ petitioner, after the
conclusion of the civil proceedings which are pending in S.A.
(MD)Nos.642 of 2013 and 756 of 2016 and till then, the first
respondent shall continue to operate the dealership as long as
the dealership is valid.
6.The Writ Appeal stands disposed of, accordingly.
However, there shall be no order as to costs. Consequently,
the connected miscellaneous petition is closed.”
3.In the light of the above, the present Writ Appeal is also
disposed of on the same lines. No costs.
[T.S.S., J.] & [S.A.I., J.]
13.07.2021
Index : Yes / No
Internet : Yes / No
sj
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.296 of 2020
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
1.The Special Commissioner and
Commissioner of Land Administration,
Chepauk, Chennai – 600 005.
2.The District Revenue Officer,
Sivagangai,
Sivagangai District.
3.The Tahsildar,
Karaikudi,
Sivagangai District.
JUDGMENT MADE IN
W.A.(MD)No.296 of 2020
13.07.2021
https://www.mhc.tn.gov.in/judis/
