Madras High Court
P.Lalitha vs General Manager on 2 April, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
WP(MD)No.2789 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.2789 of 2024
and
WMP(MD)No.2786 of 2024
P.Lalitha ... Petitioner
Vs.
1.General Manager,
Indian Oil Corporation Limited,
Southern Regional Office,
139, Nungampackkam High Road,
Chennai – 600 034.
2.Divisional Manager,
Indian Oil Corporation Limited,
No.2, Race Course Road,
Chokkikulam, Madurai – 625 002.
3.Joint Chief Controller of Explosives,
Ministry of Commerce and Industry,
Peroleum & Explosives Safety
Organisation,
A&D Wing, Block 1-B, II Floor,
Shastribhavan, 26, Haddous Road,
Nungambakkam, Chennai – 600 006. ... Respondents
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1/6
WP(MD)No.2789 of 2024
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus directing the respondents 1 and 2 and his
subordinates to forthwith surrender the vacant possession to the
petitioner of the premises comprised in S.No.635/2, Vannikonanthal
Village, Sankarankovil Taluk, now Tenkasi District after removing the
tanks, pumps, fixtures or any othe structures etc that may be put up by
the said respondent for running the petroleum outlet and within such time
as may be prescribed by this Court.
For Petitioner : Mr.V.Karthick, Senior Counsel
for Mr.P.Athimoolapandian
For Respondents : Mr.K.Muraleedharan for R1 & R2
Mr.K.Govindarajan for R3
***
ORDER
The petition mentioned site was taken on lease by Indian Oil
Corporation on 17.07.2003 from one Uma. The lease was for a period of
fifteen years. The leased deed provided for automatic renewal subject
to certain terms and conditions. The relevant clause reads as follows :
“4.If the lessee shall be desirous of renewing this
present lease and or such desire shall have given to the lessors
not less than three months notice prior to the expiration hereof
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and shall have duly observed and performed all the terms and
conditions hereof the lessor shall grant to the lessee a renewed
lease of the said premises for further period of fifteen years on
mutual terms and conditions.”
2.It is not in dispute that the Indian Oil Corporation did not inform
the lessor about their desire to renew the lease. The petitioner herein
purchased the petition mentioned site from the previous owner on
12.12.2018 (Doc No.9126 of 2018). Admittedly, the lease has not been
renewed till date. The petitioner has called upon the Indion Oil
Corporation to vacate. The grievance of the petitioner is that the
demand has not been complied with till date.
3.The learned Senior Counsel appearing for the petitioner drew my
attention to the judgment dated 11.11.2021 passed by the Hon'ble
Supreme Court in National Company, rep.by its Managing Director vs.
The Territory Manager, Bharath Petroleum Corporation dated 11.11.2021
in Civil Appeal No.6726 of 2021. It is a hard-hitting judgment and the
facts are more or less similar. In fact, the learned Senior Counsel wanted
this Court to pass an order on similar lines. But then, I indicated to the
learned Senior Counsel that if all the reliefs granted by the Hon'ble
Supreme Court are to be given in this present case also, then, the
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respondents will have to be given time to file counter affidavit. I
pointed out to the learned Senior Counsel that the writ petition has been
filed on 07.02.2024 and that it is being taken up for final disposal on
02.04.2024 itself. Thereupon, the learned Senior Counsel left the matter
to the choice of this Court regarding the manner of disposal.
4.The learned standing counsel for IOC also realizing the situation
in which the corporation is placed undertook that the corporation would
vacate the premises and hand over vacant possession to the petitioner as
early as possible. In fact, the learned standing counsel has sought three
months time. The learned Senior Counsel for the petitioner states that
within a month, it is possible to remove all the installation. I direct the
Indian Oil Corporation to surrender vacant possession to the petitioner
on or before 31.05.2024. I make it clear that under no circumstances, the
respondents should seek extension of time. It is declared that the
petitioner will be entitled to take vacant possession of the premises with
effect from 01.06.2024. The petitioner is given liberty to proceed against
the corporation for recovery of rental arrears independently.
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5.This writ petition is allowed. No costs. Connected miscellaneous
petition is closed.
02.04.2024
Index : Yes / No
Internet : Yes/ No
Skm
Note : Issue order copy on 10.04.2024
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G.R.SWAMINATHAN, J.
SKM
and
02.04.2024
https://www.mhc.tn.gov.in/judis
