W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.08.2024 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 and W.P.M.P.Nos.4906 & 4907 of 2004, 475 of 2007 W.M.P.Nos.13428 to 13442 of 2018, M.P.Nos.2, 3 of 2007 & 1 of 2008 W.P.No.4196 of 2004 Indian Oil Corporation Ltd., Rep. by its Senior Divisional Retail Sale Manager Mr.V.Subramanian, No.2, Race Course Road, Chokikulam, Madurai – 2. ... Petitioner Vs. 1.The State of Tamilnadu, Rep. by Secretary to the Government, Public Works Department, Fort St.George, Chennai – 9. 2.The District Collector, Collector's Office, Madurai. 3.The Chief Engineer, Public Works Department, WRO, Madurai Division, Madurai – 625 002. 4.The Superintending Engineer, Public Works Department, WRO, Periyar Vaigai Basin Division, Madurai – 625 002. Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 5.The Executive Engineer, Public Works Department, WRO, Periyar Vaigai Basin Division, Madurai – 625 002. ... Respondents Prayer in W.P.No.4169 of 2004 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in his proceedings No.Va.B/Mu.Va.A.2/Ko.2158/04 dated 05.01.2004, quash the same and consequently, direct the respondents to reconsider the rental assessment of land in Survey No.805/1-1, Thalakulam, having address as M/s.Thiyagarajan Automobiles, 29C, Alagar Koil Road, Thalakulam, Madurai after giving opportunity of hearing to the petitioner corporation and the alienation of the said land in favour of the petitioner corporation. For Petitioner (in all WPs) : Mr.Vijay Mehanath for M/s.Anand, Abdul & Vinodh Associates For Respondents (in all WPs) : Mr.U.Baranidharan Additional Government Pleader ***** COMMON ORDER Since the issue involved in these writ petitions are one and the same, with the consent of the learned counsel appearing for the parties, these writ petitions were heard together and disposed of by way of this common order. Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 2. The Indian Oil Corporation Limited, a Government of India undertaking, engaged in marketing Petroleum products through retail network and has been enjoying the market leadership. It is the only Fortune 500 Company from India globally. It is based upon the merit eligibility and after the completino of the strict selectin process, appoints dealers and retailers for marking of their products. The outlets classified as “A” site retail outlet is either owned or leased by the Corporation and operated by a dealer who has been appointed by the Corporation as per the rules/policies of Government of India, Ministry of Petroleum and Natural Gas, New Delhi. The petitioner is in occupation of government land, however, it is alleged that the petitioner had not paid any lease amount, thereby, the respective impugned orders were passed. Challenging the same, the present writ petitions are filed. 3. Learned counsel for the petitioner submits that, though the petitioner had paid the lease amount then and there, however, without considering the same, the respondents have passed the impugned orders, which is wholly unsustainable. However, on instructions, learned counsel, submitted that, in order prove their bonafide, the petitioner is ready to deposit any amount that may be prescribed by this court. He Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 submitted that this court may issue a direction to the respondents to assess and fix the lease amount upon receipt of the said amount, after providing opportunity to the petitioner, within a time frame that may be fixed by this Court. 4. Learned Additional Government Pleader appearing for the respondents submitted that, though petitioner enjoyed a vast extent of land by running petrol bunk, however, they have not paid any amount to the respondents. Hence, the present impugned orders are passed, which is per se sustainable. Accordingly, he prays for dismissal of these writ petitions. 5. Considering the facts and circumstances of the case and considering the allegation made against the petitioner that they have not paid any amount to the respondents and in order to strike balance in between the parties, without interfering with the respective impugned orders, this court is inclined to direct the petitioner to deposit Rs.30 lakhs each to the respondents to show their bonafide. Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 6. Accordingly, the petitioner is directed to deposit a sum Rs.30,00,000/- (Rupees Thirty Lakhs only) each in respect of the subject property in each of the writ petitions to the respondents, within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt of the said amount, the respondents are directed to assess and fix the lease amount, after providing opportunity to the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of four (4) weeks thereafter. 7. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed. 30.08.2024 Index : Yes / No (½) Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To 1.The Secretary to the Government, Public Works Department, Fort St.George, Chennai – 9. 2.The District Collector, Collector's Office, Madurai. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 M.DHANDAPANI, J. sp 3.The Chief Engineer, Public Works Department, WRO, Madurai Division, Madurai – 625 002. 4.The Superintending Engineer, Public Works Department, WRO, Periyar Vaigai Basin Division, Madurai – 625 002. 5.The Executive Engineer, Public Works Department, WRO, Periyar Vaigai Basin Division, Madurai – 625 002. W.P.Nos.4196 of 2004, 35783 of 2007 & 11492 to 11496 of 2018 30.08.2024 (½) Page No.6 of 6 https://www.mhc.tn.gov.in/judis