Madras High Court
Then vs The Senior Regional Manager on 18 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD) Nos.2048 to 2050 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)Nos.2048 to 2050 of 2024
and
C.M.P.(MD) Nos.14696, 14701 and 14704 of 2024
W.A.(MD)No.2048 of 2024:-
M/s.Sri Ramajayam Agencies (Ad hoc),
Dealer, Hindustan Petroleum Corporation Ltd.,
Trichy Region, Operated by Land Owner,
Mr.T.Venkatesan S/o. Late. Thirusangu Vanniyar,
No.17/28, Mukasa Kalyanampuram,
Thiruvaiyar,
Thanjavur District – 614 204.
Then:-
M/s.M.Syed Mohamed (Ad hoc),
Dealer, Hindustan Petroleum Corporation Ltd.,
Trichy Region, Operated by Land Owner,
Mr.Thirusangu Vanniar, S/o. Thangaiya Vanniyar
No.17/28, Mukasa Kalyanapuram,
Thiruvaiyaru,
Thanjavur District. ... Appellant
(Cause title accepted vide order dated 21.08.2024, made in
C.M.P.(MD)No.11106 of 2024 in W.A.(MD)SR.No.
31371 of 2024)
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W.A.(MD) Nos.2048 to 2050 of 2024
-vs-
The Senior Regional Manager,
Hindustan Petroleum Corporation Ltd.,
Trichy Retail Regional Office,
No.90, II Floor, MSDR Enclave,
Bharathidasan Road,
Cantonment,
Trichy - 620 001. ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
Appeal by setting aside the order, dated 06.07.2023, passed in W.P.(MD)No.
15610 of 2014.
For Appellant : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondent : Mr.M.Sridher
W.A.(MD)No.2049 of 2024:-
M/s.Kannivannan (Ad hoc),
Dealer, Hindustan Petroleum Corporation Ltd.,
Trichy Region, Operated by Land Owner,
V.Gandhimathi,
Rep. by Power Agent, Mr.V.Omalingam,
S/o.Vaithilingam,
9, Bharathiyar Road, Varichikudy,
Kottucheri, Karaikkal,
Pondicherry Union Territory. ... Appellant
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W.A.(MD) Nos.2048 to 2050 of 2024
-vs-
The Senior Regional Manager,
Hindustan Petroleum Corporation Ltd.,
Trichy Retail Regional Office,
III Floor, Rakesh Towers,
90, II Floor, MDSR Enclave,
Bharathidasan Road,
Cantonment,
Trichy - 620 001. ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
Appeal by setting aside the order, dated 06.07.2023, passed in W.P.(MD)No.
15606 of 2014.
For Appellant : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondent : Mr.M.Sridher
W.A.(MD)No.2050 of 2024:-
M/s.Sri Gopi Karthikeyan Agency (Ad hoc),
Dealer, Hindustan Petroleum Corporation Ltd.,
Madurai Region, Operated by Land Owner,
Mr.S.Sivanandi, S/o.Subbaiya Thevar,
No.8-C, Samaya Street,
Cumbum,
Theni District. ... Appellant
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W.A.(MD) Nos.2048 to 2050 of 2024
-vs-
The Senior Regional Manager,
Hindustan Petroleum Corporation Ltd.,
Madurai Retail Regional Office,
No.7, III Floor, Rakesh Towers,
Byepass Road,
Madurai – 625 010. ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
Appeal by setting aside the order, dated 06.07.2023, passed in W.P.(MD)No.
15609 of 2014.
For Appellant : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondent : Mr.M.Sridher
COMMON JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The issue relates to conduct of Petroleum Retail Outlet by the
landowner. The dealership was terminated. The said termination was challenged
before the Writ Court and the challenge failed.
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W.A.(MD) Nos.2048 to 2050 of 2024
2. In other matters, arising out of the very same common order, this
Court while disposing of W.A.(MD)Nos.1546 to 1556 of 2023
[M/s.Gothandapani Agencies (Ad hoc) vs. The Senior Regional Manager
(2023/MHC4304)], on 14.09.2023, has recorded the statement made in the
affidavit of undertaking filed by the appellants therein before the learned Single
Judge, which reads as follows:-
''4.I submit that no new steps have been taken for
allotment of the retail outlet dealership in favour of any
other person. As and when the Government of India,
Ministry of Petroleum and Natural Gas Commission and the
respondents herein come out with a new policy for grant of
dealership in respect of the existing retail outlets and on
appointment of a new dealer for the Retail Outlet on the
basis of such appointment in respect of the Retail Outlet at
Avanam Kaikatti, Pudukottai District, I undertake to vacate
and hand over the retail outlet to the Respondent herein
within a period of four weeks from the date of such
appointment of retail outlet dealership.''
and has passed the following order:-
''1.The order of the learned Single Judge in all the
Writ petitions are set aside.
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W.A.(MD) Nos.2048 to 2050 of 2024
2.The respondent is directed to permit the
appellants to operate the retail outlets run by them on the
basis of the temporary license given to them till such time the
respondent appoint regular dealers under any scheme and
till such time the regular dealers commence their business.
3.Till issuance of letter of intent and till such time
the regular dealers were appointed by the respondent,
pursuant to the communication that will be issued by the
respondent in each of the case, the appellants may be
permitted to run the retail outlets on the basis of the
temporary license.
4.Once the regular dealer is appointed on the
communication issued by the respondent, the appellants
shall vacate the premises within a period of four weeks from
the date of such communication.
5.The appellants are also directed to give fresh
affidavit of undertaking before the respondents, as it was
given earlier before the learned Single Judge at the
interlocutory stage within a period of two weeks from the
date of receipt of a copy of this judgment.''
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W.A.(MD) Nos.2048 to 2050 of 2024
3. In view of the above, these Writ Appeals are also allowed with the
above directions. No costs. Consequently, connected Miscellaneous Petitions are
closed.
NCC : No [R.S.M., J.] [L.V.G., J.]
Index : No 18.10.2024
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https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.2048 to 2050 of 2024
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
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Common Judgment in
W.A.(MD) Nos.2048 to 2050 of 2024
and
C.M.P.(MD) Nos.14696, 14701 and 14704 of 2024
18.10.2024
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