Madras High Court
The Special Commissioner And vs K.Illanchezian on 3 June, 2021
W.A.(MD)No.1057 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1057 of 2021
and
C.M.P.(MD)No.4742 of 2021
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. : Appellants
Vs.
1.K.Illanchezian
Proprietor of Sri Narkani Petroleum Agencies,
No.1 – 300 A, Karaikudi Road,
Kallal – 630 305,
Sivagangai District.
2.V.Narayanan
3.S.Kasiviswanathan Chettiar
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1/5
W.A.(MD)No.1057 of 2021
4.The Senior Regional Manager,
Hindustan Petroleum Corporation Ltd.,
Madurai Regional Office,
Kapalur, Madurai – 8. : Respondents
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 Appellants : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.4 : Mr.M.Sridhar
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.This appeal, at the instance of the Special Commissioner and
Commissioner of Land Administration and two others who were
impleaded as respondents 1 to 3 in the writ petition is directed against
the order dated 22.04.2019 in W.P.(MD)No.1763 of 2012.
3.The said writ petition was filed by the first respondent herein
challenging the order passed by the second appellant, cancelling the
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W.A.(MD)No.1057 of 2021
explosive license granted to the writ petitioner vide order dated
31.01.2011, on the ground that the petrol bulk is functioning in the land,
which is classified as Natham. There appears to have been a dispute with
regard to the title to the property, which is a subject matter of civil
litigation and ultimately, has come up to this Court by way of Second
Appeals in S.A.(MD)Nos.642 of 2013 and 756 of 2016. The learned Single
Bench, while allowing the writ petition has noted that both the second
appeals are pending, when the writ petition was disposed of.
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 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.
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W.A.(MD)No.1057 of 2021
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.
[T.S.S., J.] & [S.A.I., J.]
03.06.2021
Index : Yes / No
Internet : Yes / No
MR/RR
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.
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W.A.(MD)No.1057 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR/RR
JUDGMENT MADE IN
W.A.(MD)No.1057 of 2021
03.06.2021
https://www.mhc.tn.gov.in/judis/
