CHIEF REGIONAL MANAGER Vs. DISTRICT COLLECTOR COLLECTORATE BUILDINGS

JUDGEMENT

(1.) This writ petition has been filed by the Hindustan Petroleum Corporation Limited challenging the order passed by the Commissioner of Police, Madurai City, cancelling the No Objection Certificate granted in favour of the petitioner for storing petroleum products in the land belonged to the sixth respondent.

(2.) The sixth respondent is the owner of a vacant site in S.No.164/2 (Part), Thallakulam Village, Madurai District. The said land was leased out to the petitioner's predecessor-in-interest namely, M/s.Caltex (India) Limited in the year 1972 for a period of 20 years. During the year 1976, the right, title and interest of M/s.Caltex (India) Limited stood vested with the Central Government by virtue of Caltex [Acquisition of shares of Caltex Oil Refining (India) Limited and of the undertakings in India of Caltex (India) Limited] Ordinance, 1976. Subsequently, it was amalgamated with the Hindustan Petroleum Corporation Limited with effect from 09.05.1978. Thereafter, the petitioner became a lessee in respect of the above site. As per the provisions of the Act, the lease was further renewed for a further period of 20 years commencing from 01.12.1992 to 30.11.2012. Before expiry of the lease period, on 28.11.2011, the sixth respondent requested the petitioner to hand over the possession and sent a legal notice dated 24.11.2012 for which the petitioner had sent a reply claiming benefits under the Tamil Nadu City Tenants Protection Act (hereinafter called as 'the Act'). Thereafter, the sixth respondent filed a suit against the petitioner in O.S.No.203 of 2013, on the file of the III Additional Subordinate Judge, Madurai for recovery of possession and damages. After receipt of summons in the above suit, the petitioner filed an application in claiming benefit under the Act in C.T.O.P.No.1 of 2013. The above petition was dismissed by the trial Court. Against which the petitioner filed an appeal in C.M.A.No1 of 2016 before the I Additional District Munsif Court, Madurai. The same came to be dismissed on 17.09.2016. Thereafter, the petitioner preferred a revision before this Court in C.R.P(MD)No.2650 of 2016 and this Court, by an order dated 02.06.2017 dismissed the said revision. Against the order of dismissal of civil revision petition, the petitioner filed a special leave petition before the Hon'ble Supreme Court in S.L.P.No.32286 of 2017. The Hon'ble Supreme Court on 14.12.2017, admitted the Special Leave Petition and ordered status quo on possession, as on 14.12.2017, until further orders.

(3.) In the meantime, the suit filed by the sixth respondent, an ex- parte decree was passed against the petitioner and the petition to set aside the said ex-parte decree was also dismissed. Thereafter, the sixth respondent filed an application before the respondents 3 and 4 herein to cancel the No Objection Certificate granted in favour of the petitioner and also to cancel the licence. When the application filed before the third respondent was pending consideration, the fourth respondent rejected his application. Challenging the above said order, the sixth respondent filed a writ petition before this Court in W.P.(MD)No.16571 of 2016 and this Court, by an order dated 29.08.2017 allowed the writ petition and set aside the order passed by the fourth respondent and remitted the matter back to the fourth respondent for fresh consideration and directed the fourth respondent to pass orders on merits and as per law, after providing opportunity to the petitioner as well as to the necessary parties. The sixth respondent was also directed to give fresh representation to the third respondent herein and the third respondent was directed to consider the same and pass orders, after hearing necessary parties in the light of the judgment of the Hon'ble Supreme Court, reported in (Albert Moris Vs.K.Chandrasekaran and others, 2006 1 SCC 228) within ten weeks. Thereafter, an enquiry was conducted by the third respondent as per the orders passed by this Court and passed the impugned order thereby cancelling the No objection Certificate granted in favour of the petitioner under Rule 150(1). Challenging the above said order, the present writ petition has been filed.