Madras High Court
Indian Oil Corporation Ltd vs 3 The Tahsildar on 26 June, 2023
W.A.No.1282 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1282 of 2023
Indian Oil Corporation Ltd
(Marketing Division)
rep. by its Chief Divisional Retail Sales Manager
Ajay Garg, Chennai Divisional Office
500, Anna Salai, Teynampet
Chennai - 600 018. .. Appellant
Vs
1 The State of Tamil Nadu
rep. by its Secretary to Government
Revenue Department, Fort St.George
Chennai – 600 001.
2 The Revenue Divisional Officer
Tambaram, Chennai.
3 The Tahsildar
Alandur Taluk
Alandur, Chennai. .. Respondents
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W.A.No.1282 of 2023
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 14.10.2022 passed by the learned Single Judge in
W.P.No.36136 of 2016.
For the Appellant : Mr.A.L.Somayaji
Senior Counsel
for M/s.AAV Partners
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.U.Bharanidharan
Additional Govt. Pleader
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.A.L.Somayaji, learned Senior Counsel for the
appellant and Mr.P.Muthukumar, learned State Government Pleader,
assisted by Mr.U.Bharanidharan, learned Additional Government
Pleader for the respondents.
2. Learned Senior Counsel of the appellant submits that the
appellant had moved a petition before the learned Single Judge with
a prayer not to evict the appellant. The appellant is a public sector
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W.A.No.1282 of 2023
undertaking. The government had granted lease of the writ land to
the appellant. The lease had expired in the year 1996. In the year
2000, the rent was increased from Rs.82,000/- to Rs.1,65,532/-
and the said rent was being paid regularly by the appellant.
3. Learned Senior Counsel further submits that in the counter
filed by the government to the writ petition, the government
specifically pleaded that the appellant may be advised to move for
extension of lease period from 1996 and to pay lease rent as per
revision done every three years by the government. The appellant
had made an application on 8.9.2016. However, the government
did not respond to the said application and the same is not yet
decided.
4. Learned State Government Pleader submits that, in fact,
according to the condition laid in the lease, the rent has to be
revised every three years. The lease amount has to be revised in
the years 1987, 1990, 1993, 1996, 1999, 2000, 2003, 2006, 2009,
2012 and 2015, but no such revision of lease was done. A sum of
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W.A.No.1282 of 2023
Rs.1,65,532/- is collected for every fasli based on audit objection by
the Auditor General, Madras. The revision of lease rent proposal is
also sent to the government. According to learned State
Government Pleader, the appellant has not approached the
government.
5. The prayer made by the present appellant before the
learned Single Judge is that respondents 1, 2 and 3 shall not close
the retail outlet commissioned on the writ land. The writ land is
taken by the present appellant on lease. The period of lease
admittedly was up to the year 1996. Subsequently, there is no
written renewal of the lease, though it is submitted that in the year
2000, the rent was enhanced to Rs.1,65,532/- per year. However,
the fact remains that there is no document evidencing the renewal
of lease. In the absence of any covenant between the parties, the
learned Single Judge has not committed any error by passing the
impugned order.
6. It is a fact that the appellant is a public sector undertaking
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W.A.No.1282 of 2023
and the respondent is the government. It would amount to one arm
of the government fighting against its other arm. It is for the
appellant and the respondent State to resolve the issue amongst
themselves. Naturally, it is for the appellant to take appropriate
steps in that regard.
With these observations, writ appeal is disposed of. There will
be no order as to costs. Consequently, C.M.P.Nos.12844 and 12845
of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
26.06.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1 The Secretary to Government
State of Tamil Nadu
Revenue Department, Fort St.George
Chennai – 600 001.
2 The Revenue Divisional Officer
Tambaram, Chennai.
3 The Tahsildar
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W.A.No.1282 of 2023
Alandur Taluk
Alandur, Chennai.
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W.A.No.1282 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.1282 of 2023
26.06.2023
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