E.KANNAN Vs. CONTROLLER OF EXPLOSIVE SAFETY ORGANISATION

JUDGEMENT

(1.) The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to cancel the Final Explosives Licence No.P/SC/TN/14/2820(P52911) dtd. 20/12/2022, valid up to 31/12/2025, and the No Objection Certificate No.35785 /06/C2 dtd. 5/12/2006 issued to the third respondent for operating a Petroleum Retail Outlet at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District636 702 and consequently direct the third respondent to hand over physical vacant possession of the above premises to the petitioners and pay arrears of Rent from the expiry of the lease agreement @ Rs.3.50 Lakhs per month, within a prescribed time limit.

(2.) The learned counsel appearing for the petitioner submitted that the first petitioner is the partner of M/s.T.R.Ethirajulu Naidu & Son, a registered firm which operates petroleum retail outlet at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District under a dealership agreement with the third respondent. The second petitioner is the son of the first petitioner and the owner of the petrol pump site pursuant to the execution of the registered settlement deed dtd. 16/2/2023 by the first petitioner.

(3.) The learned counsel appearing for the petitioner further submitted that the first petitioner entered into a lease agreement dtd. 10/7/1997 with the third respondent for 564 sq.mt. approximately 6000 sq.ft. of his lands situated at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District vide document no.492 of 1997 in the office of the Sub-Registrar, Dharmapuri which was valid up to 29/2/2020 and based on the said lease agreement the first respondent had issued Explosive Licence to the third respondent on 1/11/1997 and since then the third respondent has been operating the petroleum retail outlet.