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T. M. Biju, S/o. Madhavan – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
JUDGMENT :
[W.P(C) Nos.39962/2017 and 38439/2018]
These writ petitions pertain to a retail outlet of the Indian Oil Corporation Limited (hereinafter referred to as the “respondent Corporation”) in the property leased out by the petitioners in W.P(C) No.38439 of 2018 and run by the petitioner in W.P(C) No.39962 of 2017, pursuant to an allotment by the respondent Corporation.
2. The short facts necessary for the disposal of these writ petitions are as follows:
The petitioners in W.P(C) No.38439 of 2018 are stated to be in joint ownership of about 35.20 Ares of property in Re-Survey No.104/2 in Kuthuparamba Village in Kannur District. Out of the afore property, the petitioners leased out 30 cents to M/s.IBP Pvt. Ltd. in 2003, as evidenced by Ext. P1. The term of the lease, as seen from Ext.P1, was for 15 years from the date of commencement of the activities of storage/sale of petroleum products – 30.5.2003. The petitioners state that an outlet was established in the afore property by M/s.IBP Pvt. Ltd., which is a “Company Owned and Company Operated” (COCO), outlet and the maintenance and handling of the dealership were entrusted with their son. However, the petitioners point out that late
The court affirmed that mere acceptance of rent does not imply lease renewal, allowing eviction under Article 226 when the lease has expired without mutual agreement for renewal.
The main legal point established in the judgment is that the expiration of a lease, suppression of material facts, and the effect of holding over under the Transfer of Property Act, 1882 were central....
The court established that a writ petition for eviction is maintainable when the facts are straightforward, and public sector undertakings are not above the law regarding lease agreements.
The continued occupation of leased property by a public body post-expiration is arbitrary and warrants judicial intervention under Article 226 of the Constitution.
A Statutory Corporation, which is a State within meaning of Article 12 of Constitution of India, is not expected to act in blatant disregard to law.
The central legal point established in the judgment is the interpretation and applicability of Section 116 of the Transfer of Property Act, 1882, particularly in cases where rent control legislation ....
The writ court under Article 226 of the Constitution can issue appropriate writs in appropriate situations to arrest or remedy palpable injustice caused to any litigant public, and further can direct....
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