C ALBERT MORRIS Vs. K CHANDRASEKARAN

JUDGEMENT

(1.) The above appeal is directed against the final judgment and order of the High Court of Judicature at Madras dated 7.10.2003 in Writ Appeal No. 1149 of 2002 thereby dismissing the same.

(2.) The short facts which are relevant for the disposal of this appeal are as under: The appellant-C. Albert Morris is the tenant of the first respondent-K. Chandrasekaran(landlord) vide a lease deed for ten years culminating in the year 1966. The appellant is the dealer of the second respondent - The Hindustan Petroleum Corporation Ltd. The said dealership is being carried on in the leased site belonging to the first respondent. The Government of Pondicherry granted No Objection Certificate under Rule 144(1) of the Petroleum Rules, 1976 for the installation of retail outlet of petrol and HSD. The said No Objection Certificate mentioned the details and description of the location of the said outlet. As already noticed, the appellant entered into a lease deed with the first respondent-landlord for a period of ten years. The purpose of the lease was clearly mentioned as for running a petrol bunk. On 15.5.1992, the landlord issued notice to the appellant seeking vacant possession of the property. The appellant caused a reply notice to the same denying the various allegations. Consequently, the landlord filed O.S. No. 58 of 1994 on the file of the Principal sub-Judge, Pondicherry praying for a decree of eviction and possession. The said suit was dismissed for default and non-prosecution. The landlord, however, filed an application for restoration of the said suit. During the pendency of the application of the restoration, the landlord again issued a notice of termination of lease entered into between the appellant and the first respondent-landlord. The appellant caused a reply notice to the landlord. The appellant-tenant also raised the defence that during the renewal of the lease deed, there were super-structures on the same and hence the appellant is a statutory tenant governed by the Rent Control Act and hence the notice is wholly illegal. On 4.12.1996, the landlord then approached the 3rd respondent-the Joint Chief Controller of Explosives (South Circle), Shastri Bhawan, Chennai seeking to cancel the permission granted to the appellant for the storage of petroleum. The landlord also approached the authorities at Pondicherry to revoke the No Objection Certificate granted in the name of the appellant.

(3.) While so, the landlord sought for a writ of mandamus before the High Court directing that the licence of the appellant to carry on petrol bunk shall not be renewed. It was his contention that the appellant had lost his right to site and hence was liable to be cancelled under Rule 153 (1) of the Petroleum Rules, 1976. In reply to the writ petition, the appellant put forth the following submissions: