LAWS(TLNG)-2024-11-1

P.VIJAYALAKSHMI Vs. UNION OF INDIA

Decided On November 13, 2024
P.VIJAYALAKSHMI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Both the writ petitions proceed on a similar set of facts with minor variations and seek the same relief i.e., for a writ of mandamus declaring the action of the respondents/the Indian Oil Corporation Limited (IOCL) and their Retail Sales Heads, respectively, in refusing to vacate the premises belonging to the petitioners, as illegal and arbitrary. The petitioners seek a consequential direction on the said respondents to vacate the premises and stop operation of the IOCL Petroleum Outlets on the petitioners' properties.

(2.) The admitted facts which are common to both the writ petitions are stated below:

(3.) Learned Senior Counsel appearing for the petitioners in both the writ petitions argue in favour of maintainability of the writ petitions on the ground that the action of the respondents in refusing to vacate the subject premises despite expiry of the lease period is arbitrary, illegal and offends Articles 14 and 21 of the Constitution of India. Counsel has placed reliance on several decisions in support of their contentions on the maintainability of the writ petitions.