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2024 Supreme(Online)(MAD) 1365

HIGH COURT OF MADRAS
Honourable Dr Justice ANITA SUMANTH
M/S.SRI GOWRI AND CO. – Appellant
Versus
THE TERRITORY MANAGER (RETAIL) – Respondent


Advocates:
Mr.V.B.R.Menon, Mr.A.K.Sriram, Senior Counsel for Mr.Anirudh Krishnan

ORDER

The petitioner is a partnership firm, owning the property at Survey No.106, 107/1, Parapalayam Village, Tiruppur Taluk, Tiruppur District 638 601 ('property'/'property in question'). In 1996, it had entered into a registered lease agreement with the Bharat Petroleum Corporation Limited (BPCL)/respondent for running of a petrol bunk in the premises in question.

2.The Additional District Management and District Revenue Officer (‘DRO’) had issued a No Objection Certificate on 04.07.1997 under Rule 144 of the Petroleum Rules, 2002 enabling the operation of a Petroleum Retail Outlet in the premises, and an Explosives licence dated 31.12.2022 was also obtained from the Joint Chief Controller of Explosives. The lease had been for a period of 25 years from 22.06.1998 and upon determination of the lease on 31.07.2022, the respondent had wished to renew the same.

3.The petitioner had been unwilling for such renewal and had sought surrender of the premises from the respondent, but BPCL refused to budge. The petitioner approached the Joint Chief Controller of Explosives and the DRO Tiruppur, on 06.09.2022 seeking cancellation of the Explosives licence and No Objection Certificate citing Rul

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