THE SENIOR REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD. Vs. THE DISTRICT COLLECTOR, THANJAVUR AND ORS.

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the proceedings of the second and third respondents dated 06.02.2015 and 13.02.2015 respectively.

(2.) THE learned counsel appearing for the petitioner would submit that the petitioner is the Hindustan Petroleum Corporation Limited. In the year 1959, the petitioner corporation has taken over the vacant site on lease from M/s. Kasi and Sethu, which is a family concern for taking care of the family business and estate of the respondents 6 and 7. Subsequently, in the year 2004, by virtue of a partition deed, the properties were divided and the demised property was allotted to the respondents 6 and 7. However, on renewal of lease, till date, the petitioner corporation has been in continuous possession and as per the original arrangement subsequent to the renewal of lease agreement dated 30.03.2000, the petitioner corporation has been depositing the rents to the credit of the respondents 6 and 7 in their account in City Union Bank, Kumbakonam Branch. As per the dealership agreement dated 13.04.2005, the outlet is being operated by the dealer M/s. Sivaraman & Co., Kumbakonam. The explosives licence stands in the name of the petitioner corporation and is valid upto 31.12.2015 which is renewable as per the policy conditions. In the meanwhile, even prior to the expiry of the lease period, the respondents 6 and 7 have filed a vexatious suit in O.S. No.44 of 2011 on the file of the Additional Sub Court, Kumbakonam, for recovery of vacant possession and recovery of past and future rent. In the said suit, the seventh respondent is the second plaintiff who was examined in chief about nine months back and she is purposely avoiding to be cross -examined and thus, the said suit is still pending.

(3.) WHILE admitting the Writ Petition, this Court has granted an order of interim stay.