IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.10.2024 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.28631 of 2024 And W.M.P.No.31227 of 2024

1.E.Kannan

2.K.Sathish ... Petitioners Vs.

1.The Controller of Explosives Petroleum and Explosives Safety Organisation (PESO)

No.3, 5th East Cross Road, Gandhi Nagar, Vellore – 632 006.

2.The District Revenue Officer Dharmapuri District, Collectorate Complex, 1st Floor, Salem Main Road, Near Superintendent of Police Office Dharmapuri District – 636 705.

3.M/s.Bharat Petroleum Corporation Ltd., Rep. by The Territory Manager (Retail) Bharat Petroleum Corporation Limited, Karur Territory Office, Athur & Kadapparai Village, Erode Road, Athur Post, Karur District – 639 002. ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to cancel the Final Explosives Licence No.P/SC/TN/14/2820(P52911) dated 20.12.2022, valid up to 31.12.2025, and the No Objection Certificate No.35785 /06/C2 dated 05.12.2006 issued to the third respondent for operating a Petroleum Retail Outlet at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District- 636 702 and consequently direct the third respondent to hand over physical vacant possession of the above premises to the petitioners and pay arrears of Rent from the expiry of the lease agreement @

Rs.3.50 Lakhs per month, within a prescribed time limit.

For Petitioner : Mr.V.B.R.Menon For Respondents : Mr.A.Kumaraguru for R1 Mr.U.Baranidharan for R2 Additional Government Pleader Mr.V.Anantha Natarajan for R3

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to cancel the Final Explosives Licence No.P/SC/TN/14/2820(P52911) dated 20.12.2022, valid up to 31.12.2025, and the No Objection Certificate No.35785 /06/C2 dated 05.12.2006 issued to the third respondent for operating a Petroleum Retail Outlet at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District- 636 702 and consequently direct the third respondent to hand over physical vacant possession of the above premises to the petitioners and pay arrears of Rent from the expiry of the lease agreement @

Rs.3.50 Lakhs per month, within a prescribed time limit.

2.The learned counsel appearing for the petitioner submitted that the first petitioner is the partner of M/s.T.R.Ethirajulu Naidu & Son, a registered firm which operates petroleum retail outlet at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District under a dealership agreement with the third respondent. The second petitioner is the son of the first petitioner and the owner of the petrol pump site pursuant to the execution of the registered settlement deed dated 16.02.2023 by the first petitioner.

3.The learned counsel appearing for the petitioner further submitted that the first petitioner entered into a lease agreement dated 10.07.1997 with the third respondent for 564 sq.mt. approximately 6000 sq.ft. of his lands situated at S.No.390/7, Vellegoundanpalayam Village, Dharmapuri Taluk, Dharmapuri District vide document no.492 of 1997 in the office of the Sub-Registrar, Dharmapuri which was valid up to 29.02.2020 and based on the said lease agreement the first respondent had issued Explosive Licence to the third respondent on 01.11.1997 and since then the third respondent has been operating the petroleum retail outlet.

4.The learned counsel appearing for the petitioner further submitted that at the request of the third respondent, the first petitioner leased out an additional extent of 278.71 sq.mt. approximately 3000 sq.ft. of adjacent lands in the same survey number to the third respondent to erect additional equipment/ facilities under a separate lease agreement dated 14.12.2006 vide registered document no.18471 of 2006, valid upto 30.09.2036. The second respondent thereafter issued no objection certificate dated 05.12.2006 to t