SREE KRISHNA SWEETS P LTD Vs. UDUMALPET MUNIIPALITY

JUDGEMENT

(1.) HEARD both sides. The petitioner is a private limited company represented by its Managing Director. It is claimed that they are selling their sweets and other products in the name of "krishna Sweets". They have outlets in many places both in India and outside India. In the property at No. 120 Palani Road, Udamalpet, which is owned by the first respondent Municipality, the petitioner is having their sweet stall. The second respondent Indian Oil Corporation Ltd. (for short IOC), had taken the said property on lease from the first respondent during the year 1980 for the purpose of running a petrol bunk.

(2.) THE property was leased out by the first respondent to the second respondent as a vacant site. After taking lease, the second respondent had put up required construction for running a petrol bunk as well as for running the sweet stall. It is claimed that the IOC is entitled to use the premises either by themselves or through their dealers as per the lease agreement with the first respondent. The IOC Limited was modernizing its petrol bunk for the development of its business and had taken several steps to cater to the needs of consumers. They are providing various facilities like medical shop, coffee shop, STD Booth, ATM Centre, departmental stores and sweet shops etc within the premises of the petrol bunk so that persons who enter to outlet for filling petrol for their vehicles will also enjoy comprehensive facilities. Catering to the needs of the public is the wholesome service provided by IOC Limited.

(3.) THE IOC limited is running the petrol bunk through its retail dealer by name M. S. Mani and Co. at No. 120, Palani Road, Udamalpet. The petitioner approached the second respondent expressing their willingness to set up a new sweet stall at their retail outlet. Accordingly, IOC Limited, by a letter, dated 20. 4. 2005 sought for permission of the Commissioner of the first respondent municipality to permit them to add the said facility to their outlet. The first respondent was convinced about the said facility. Therefore, IOC Limited after conducting negotiations, entered into a Memorandum of Understanding (MOU), dated 22. 4. 2005. According to the MOU, the petitioner is entitled to have their sweet stall in the leasehold premises and an area of 164 sq. ft. was allotted to them.