SAMARIAS GARAGE Vs. HINDUSTAN PETROLEUM

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus or appropriate writ, directing the respondent to permit the petitioner to run the retail business in petrol, diesel, motor oil etc., at No.65, Kolathur Inner Ring Road, Kolathur, Chennai by getting pump/tank from the respondent Corporation pursuant to the Dealership Licence No.Ms.2010 and pass such further order as this court deems fit.

(2.) Heard Mr.N.G.R.Prasad, learned counsel appearing for Mr.P.Pugazhendhi for the petitioner and Mr.K.Kumar, Additional Central Government Standing Counsel, appearing for the respondent. With the consent of counsel for either side, the writ petition itself is taken up for final disposal when WMP.No.22837 of 1999 came to be listed along with WMP.Nos:28407, 28408 of 1999 and 5641, 5642 of 2000 in W.P.No.19373 of 1999.

(3.) According to the petitioner, the deponent of the affidavit and two other persons constituted a partnership firm by name M/s.Samarias Garage, which firm was granted dealership for retail sale of petrol, diesel, motor oil etc., at Mount Road, Teynampet by ESSO Petroleum Company which has since been taken over by M/s.Hindustan Petroleum Corporation Ltd., a Government of India Undertaking. A memorandum of agreement was entered into between the petitioner and the respondent on 1.11.1989. Two partners went abroad and settled there. As a consequence, two o the partners submitted resignation on 11.12.1995 which were reported to the respondent corporation. The remaining sole partner continued the outlet as a sole proprietary. During October 1998, the respondent requested the premises at Mount Road under the occupation of the petitioner for locating its Regional office and the respondent in lieu of delivery of possession of the said premises offered to approve a resitement of the outlet in other area by way of compensation and rehabilitation. The petitioner consented to give delivery of the premises in return of the approval of the respondent for resitement so as to enable him to continue his business to put up the outlet in other area. The petitioner made representation in writing to the effect that he is ready to surrender the existing retail outlet at Teynampet provided the existing outlet should be resited immediately at No.65, Inner Ring Road, Kolathur Mr.Kandasamy, and the land owner of the new site, be taken in as a partner.