ORDER :

Prayer in W.P. No. 9578 of 2011: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the Notice No. Q/86-B/IV/3/MC dated 31.3.2011 of the second respondent and quash the same and consequently forbear the respondents from in any manner interfering with the peaceful possession and business activity of the property situated at No. 1, Evening Bazaar, Chennai-3, bearing R.S. No. 10116/2 to an extent of 4792.5 till the first respondent re-allot the dealership to the petitioner of any other Petrol bunk.

Prayer in W.P. No. 9579 of 2011: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the Notice No. Q/86-B/IV/3/MC dated 31.3.2011 of the second respondent and quash the same and consequently forbear the respondents from in any manner interfering with the peaceful possession and business activity of the property situated at No. 1, Farzer Bridge Road, MUC Corner, Chennai-3, bearing R.S. No. 10116/2 Pt to an extent of 5942 sq. ft. till the first respondent re-allot the dealership to the petitioner of any other Petrol bunk.

Prayer in W.P. No. 9580 of 2011: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the Notice No. Q/86-B/IV/3/MC dated 31.3.2011 of the second respondent and quash the same and consequently forbear the respondents from in any manner interfering with the peaceful possession and business activity of the property situated at No. 2, Rattan Bazaar, Chennai-3, bearing R.S. No. 11378/15 to an extent of 4870.2 sq. ft. till the first respondent re-allot the dealership to the petitioner of any other Petrol bunk.

1. The notice issued under sub section 1 of Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is under challenge in the present writ petitions.

2. The petitioner in W.P. No. 9578 of 2011 served as Major in Indian Army and during the service period he suffered injuries and became disabled. Thus, he was allowed to retire from the service.

3. The first respondent Indian Oil Corporation allotted the retail outlet dealership to sell Petrol, Diesel and other Petroleum products under the defence category of personnel whose disability is attributable to active military service at No. 1, Evening Bazaar, Chennai-3. The second respondent Defence Estate Officer leased out the property to Indian Oil Corporation. In turn, the Indian Oil Corporation granted licence to the petitioner to run retail outlet dealership of Petrol Bunk at No. 1, Evening Bazaar, Chennai-3 for a period of 15 years commencing from 12.04.2006 by entering into dealership agreement dated 12.04.2006. However, the agreement between the Indian Oil Corporation and the petitioner was renewed.

4. The learned counsel for the petitioner mainly contended that under Sub-Section 2(b) of Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, all the persons concerned are entitled for notice and no such notice was issued to the writ petitioner and thus the impugned order is liable to be set aside. On this ground, an interim order was granted by this Court and the writ petition is pending for about 10 years. Pursuant to the interim stay granted by this Court, the petitioner is operating the retail Petrol Bunk.

5. Interestingly, the learned Central Government Standing Counsel states that a sum of Rs. 8,99,79,194/- in W.P. No. 9578 of 2011, Rs. 9,56,71,990/- in W.P. No. 9579 of 2011 and Rs. 6,46,11,015/- in W.P. No. 9580 of 2011 towards arrears of rent is to be paid to the Defence Department. Inspite of several demands, the arrears of rent has not been paid by the Indian Oil Corporation and the Defence property is with the possession of the Indian Oil Corporation without payment of rent and therefore, they are liable to be evicted