TERRITORY MANAGER-RETAIL Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner, as well as the learned counsels appearing for the respondents.

(2.) IT has been stated that the petitioner Corporation has set up a network of retail outlet dealers through whom it markets its petroleum products. One such retail outlet is situated, at Pantheon Road, Egmore, in the land belonging to the respondents 2 to 4. The superstructure in the said land, the underground storage tank and the other fittings therein, belong to the petitioner Corporation.

(3.) IT has been further stated that, in terms of Sections 5(2) and 7(3) of the Act 2 of 1976, the petitioner had exercised its statutory option to renew the lease, for a further period of 20 years, by way of a letter, dated 17.8.1983, on the same terms and conditions as that of the previous lease granted in favour of the erstwhile Burmah Shell Oil Storage and Distribution Company of India Ltd. Consequently, the lease had been renewed, statutorily, from 1.10.1983 to 30.9.2003. While so, the respondents 2 and 3 had filed a writ petition, before this Court, in W.P.No.2609 of 1984, challenging the vires of Sections 5 and 7 of the Act. The writ petition has been dismissed by this Court, by its order, dated 25.10.1993, following its earlier judgments of this Court, leaving it open to the petitioners, in the said writ petition, to agitate their rights for the enhancement of rent, in respect of the property concerned, by way of separate proceedings. Thereafter, the second and the third respondents had filed another writ petition, before this Court, in W.P.No.34113 of 2003, praying for a writ of Mandamus to direct the third respondent Corporation therein to vacate and to hand over the possession of the property leased out to the said Corporation.