Madras High Court
Bharat Petroleum Corporation Ltd vs National Company on 4 September, 2023
W.A. Nos.465, 466, 488 and 489 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 04.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. Nos.465, 466, 488 and 489 of 2020
and
CMP.Nos.7303 to 7306, 7189 & 7190 of 2020
Bharat Petroleum Corporation Ltd.
No.35, Vaidyanatha Mudali Street
Tondiarpet, Chennai 600 081. .. Appellant in W.A.Nos.465 & 466/2020
M/s.Vijaya Auto Services
New No.320, Old No.467 Anna Salai
Nandanam, Chennai 35. .. Appellant in W.A.Nos.488 & 489/2020
Vs.
1.National Company
Represented by its Managing Director
Dr.Arjun A.Raja
No.9, Kandasamy Street, Mylapore
Chennai 600 004.
2.The Director General of Police
Dr.Radhakrishnan Salai
Chennai 600 004.
Page No.1 / 8
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
3.The Commissioner of Police/
District Authority,Vepery
Chennai 600 007.
4.M/s.Vijaya Auto Services
New No.320, Old No.467
Anna Salai, Nandanam
Chennai 600 035. ..Respondents in W.A.No.465/2020
1.National Company
Represented by its Managing Director
Dr.Arjun A.Raja
No.9, Kandasamy Street, Mylapore
Chennai 600 004.
2.Joint Chief Controller of Explosives
Ministry of Commerce and Industry
Petroleum and Explosives Safety
Organisation (PESO)
(Formerly Department of Explosives)
No.140, Rukmini Laxmipathi Road
Egmore, Chennai 600 008.
3.M/s.Vijaya Auto Services
New No.320, Old No.467
Anna Salai, Nandanam
Chennai 600 035. ..Respondents in W.A.No.466/2020
1.National Company
Represented by its Managing Director
Dr.Arjun A.Raja
No.9, Kandasamy Street, Mylapore
Chennai 600 004.
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
2.The Director General of Police
Dr.Radhakrishnan Salai
Chennai 600 004.
3.The Commissioner of Police/
District Authority,Vepery
Chennai 600 007.
4.Bharat Petroleum Corporation Ltd.
No.35, Vaidyanatha Mudali Street
Chennai 600 081. ..Respondents in W.A.No.488/2020
1.National Company
Represented by its Managing Director
Dr.Arjun A.Raja
No.9, Kandasamy Street, Mylapore
Chennai 600 004.
2.Joint Chief Controller of Explosives
Ministry of Commerce and Industry
Petroleum and Explosives Safety
Organisation (PESO)
(Formerly Department of Explosives)
No.140, Rukmini Laxmipathi Road
Egmore, Chennai 600 008.
3.Bharat Petroleum Corporation Ltd.,
No.35, Vaidyanatha Mudali Street
Chennai 600 081. ..Respondents in W.A.No.489/2020
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
Writ Appeals filed under Clause 15 of the Letters Patent against the
order dated 10.03.2020 made in W.P.No.24058 of 2019 and W.P.No.31055
of 2012 passed by the learned Single Judge of this Court.
For appellant in
both W.A.Nos.465 &
466/2020 : Mr.O.R.Santhana Krishnan
For appellant in
both W.A.No.488
489/2020 : Mr.I,Abrar Mohamed Abdullah
For respondents in
W.A.No.465/2020 : Dr.R.Maheswari for R1
Ms.R.L.Karthika for R2 & R3,
Government Advocate
Mr.I.Abrar Mohamed Abdullah
for R4
For respondents in
W.A.No.466/2020 : Dr.R.Maheswari for R1
Mr.T.V.Krishnamachari for R2
Special Government Pleader
Mr.I.Abrar Mohamed Abdullah
for R3
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
For respondents in
W.A.No.488/2020 : Dr.R.Maheswari for R1
Mr.K.Tippu Sultan for R2 & R3
Government Advocate
Mr.O.S.Karthikeyan for R4
For respondents in
W.A.No.489/2020 : Dr.R.Maheswari for R1
Mr.T.V.Krishnamachari for R2
Special Government Pleader
Mr.O.S.Karthikeyan for R3
COMMON JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
These Writ Appeals have been filed challenging the order dated
10.03.2020 passed by the learned Single Judge of this Court in
W.P.No.24058 of 2019 and W.P.No.31055 of 2012.
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
2. WP.No.24058 of 2019 has been filed to cancel the No Objection
Certificate issued in favour of Bharat Petroleum Corporation Limited and
hand over the vacant possession of the property to the first
respondent/National Company. WP.No.31055 of 2012 has been filed to
cancel the licence granted in favour of the Bharat Petroleum Corporation
Limited. The learned Single Judge of this Court vide order dated 10.03.2020
struck down the renewal of license, cancelled the No Objection Certificate
and directed the Bharat Petroleum Corporation Limited to vacate the
premises. Aggrieved over the same the present appeals have been filed.
3. The learned counsel for the first respondent/National Company has
fairly stated before this Court that the prayer sought for in these Writ
Petitions has become infructuous as the first respondent/National Company
has already taken over the possession of the property by virtue of the order
passed by the Supreme Court in Civil Appeal No.6726 of 2021, dated
11.11.2021. Therefore, nothing survives for consideration in these appeals.
The above statement is recorded.
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
4. Since the possession of the property has already been taken over by
the first respondent, nothing survives for consideration in these appeals.
Accordingly, these appeals are dismissed as infructuous. No costs.
[D.K.K., J] [P.B.B., J.]
04.09.2023
Speaking order: Yes/No
Index : Yes/No
pvs
To
1.The Director General of Police
Dr.Radhakrishnan Salai
Chennai 600 004.
2.The Commissioner of Police/
District Authority,Vepery
Chennai 600 007.
https://www.mhc.tn.gov.in/judis
W.A. Nos.465, 466, 488 and 489 of 2020
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. Nos.465, 466, 488 and 489 of 2020
04.09.2023
https://www.mhc.tn.gov.in/judis
