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2019 Supreme(Mad) 2442

R.SUBBIAH, C.SARAVANAN
National Company, Represented by its Managing Partner, Dr. Arjun A. Raja, Mylapore – Appellant
Versus
Territory Manager, Bharat Petroleum Corporation Ltd, Chennai – Respondent


Advocate Appeared:
For the Petitioner:R. Maheswari, N. Vijayakumar, Advocates.
For the Respondents: O.R. Santhanakrishnan, adv

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to deliver the vacant possession of the schedule mentioned property along with the past rental arrears to the petitioner.)

1. The petitioner has filed the present writ petition for a writ of mandamus to direct the respondents to hand over the possession of schedule mentioned property along with the past rental arrears.

2. This Writ Petition was originally listed before the learned Single Judge. By an order dated 25.04.2019, the learned Single Judge expressed doubts regarding the maintainability of the present writ petition in the light of the conflicting views. The order of the learned Single Judge reads as under:-

    With regard to maintainable of the writ petition, in so far as the relief prayed for in the writ petition, there is conflict of judgment passed by this Court reported in 2001(1) CTC 1 (W.A.No.2302 of 1999, dated 20.10.2000), 2001 (1) CTC 10 (W.P.No.20061 of 1998, dated 2.12.2000), (W.P.No.29312 of 2014), (W.P.No.14883 of 2015, dated 22.01.2018) and an unreported judgment in W.P.No.7432 of 2009, dated 22.10.2009 on the one hand h

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