N.K.JINNA Vs. REGIONAL MANAGER

JUDGEMENT

(1.) This writ petition has been filed seeking a direction to the respondents 2 to 4 to cancel the 'Explosives Licence' and to withdraw the "No Objection Certificate" issued to the 1st respondent.

(2.) According to the petitioner, he is the owner of the landed property measuring 36 cents comprised in Plot No.17, T.S.No.36, O.S.Nos.862/1A and 862/1B, Vannarapettai, Tirunelveli situated off Tiruvanandapuram High Road. The above said property was originally leased out to Burmah-Shell Oil Storage and Distributing Company of India Ltd., which had been subsequently, on taking over by the Government of India to form Bharath Refineries Limited, it was renamed as M/s.Bharath Petroleum Corporation Limited. The lease entered into with the 1st respondent was expired as early as on 30.11.2004 and lease was not renewed thereafter. Right from the date of expiry of the lease, the petitioner has been requesting the 1st respondent to vacate and handover the vacant possession of the property. But, so far, possession has not been handed over to them. That apart, the 1st respondent has been paying only a meager sum of Rs.1,000/- for 36 cents of land in Tirunelveli Town. According to the petitioner, once the lease got expired, the 1st respondent lost his right to the site. When the 1st respondent had lost his right to stie, the 'no objection certificate' issued in favour of the petitioner under Rule 144 of the Petroleum Rules is also liable to be cancelled under Rule 152 of the Rules. Though several representations were made to the authorities, so far no action is taken. Hence, this writ petition.

(3.) The 1st respondent corporation filed counter affidavit inter alia contending that although the lease period got expired, being statutory tenant, the 1st respondent is entitled for protection under The Tamil Nadu City Tenants' Protection Act and the petitioner cannot seek for possession of the leased preemies. The explosives licence granted in favour of the 1st respondent cannot be cancelled on the ground that it had lost its right to site.