BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.31321 & 31329 of 2023 and W.M.P(MD)Nos.26870, 26880 of 2023 and 1174, 7851, 4020, 1176 & 4021 of 2024 W.P(MD)No.31321 of 2023:

The Indian Oil Corporation, Represented by its Senior Manager (Retail Sales), Trichy Divisional Office, Tiruveni 3^rd Floor, B-35, Shastri Road, Thillai Nagar, Trichy – 620 018. ... Petitioner Vs.

1.The District Collector, Trichirappalli District, Trichirappalli.

2.The Assistant Divisional Engineer (Highways), Construction and Maintenance Division, Trichy. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order made by the first respondent in his proceeding R.C.No. B4/65238/2023 dated 18.12.2023 and the consequential impugned proceeding of the second respondent in Lr.No. 756/2023/A2 dated

22.12.2023 and quash the same as illegal.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.Veera.Kathiravan Additional Government Advocate Assisted by Mr.K.Balasubramani Special Government Pleader W.P(MD)No.31329 of 2023:

Ramanathan ... Petitioner Vs.

1.The District Collector, Collectorate, Trichy District, Trichy.

2.The Assistant Divisional Engineer, State Highways Department, Construction and Maintenance Division, Tiruchirappalli – 20.

3.The Indian Oil Corporation, Represented by its Senior Manager (Retail Sales), Trichy Divisional Office, Tiruveni 3rd Floor, B-35, Shastri Road, Thillai Nagar, Trichy – 620 018. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order made by the first respondent in his proceeding R.C.No. B4/65238/2023 dated 18.12.2023 and the consequential impugned proceeding of the second respondent in Lr.No. 756/2023/A2 dated

22.12.2023 and quash the same as illegal.

For Petitioner : Mr.K.N.Guru For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader for R.1 & R.2 Mr.M.Mahaboob Athiff for R.3

COMMON ORDER

Heard both sides.

2.The Indian Oil Corporation as well as the dealer appointed by them challenge the order dated 18.12.2023 passed by the District Collector and the District Magistrate, Tiruchirappalli revoking the license granted in favour of the Corporation way back in the year 1964 and also “No Objection Certificate” issued by the District Revenue Officer on 20.02.1964. The stand of the petitioners is that this order was stayed on

28.12.2023 and that it was not complied with by the respondents.

3.The learned Additional Advocate General on the other hand would contend that after possession was taken by the authorities on 23.12.2023, interim order was obtained. Be that as it may, the fact remains that the petitioners have not filed any petition for any breach of the order passed by this Court.

4.The Assistant Divisional Engineer (Highways) issued order dated

11.10.2023 calling upon the petitioners herein to hand over the petition mentioned land on their own. The petitioners were treated as encroachers. Challenging the same, the petitioners filed W.P(MD)Nos. 25169 and 25387 of 2023. The writ petitions were disposed of on

19.10.2023 with the following directions:

“2. There is no dispute that the land belongs to the Highways Department. An extent of 0.74 acres in Sengulam Village of Trichirappalli Taluk, Trichirappalli District, was given under licence by the District Collector to the Indian Oil Corporation on 10.04.1969. The purpose of the licence was to run Petrol Vending Unit in and over the land. The Indian Oil Corporation has been running the said Unit from 1969 till date through the private dealer.

3. In terms of the licence that has been granted, the District Collector could revoke the licence by issuing a notice of a period of one month and when such notice is given, it