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M/s. Confluence Petroleum India Ltd., Represented by its Sales Manager N. Murugan v/s The Secretary to Government of Tamilnadu, Housing & Urban Development Department, Chennai & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- CHENNAI PETROLEUM CORPORATION LIMITED [Active] CIN = L40101TN1965GOI005389

Company & Directors' Information:- SALES INDIA PRIVATE LIMITED [Active] CIN = U29191GJ1985PTC007880

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- R K B SALES PVT LTD [Active] CIN = U45202PB2006PTC029932

Company & Directors' Information:- A R C INDIA PETROLEUM PRIVATE LIMITED [Active] CIN = U11202TG2009PTC063249

Company & Directors' Information:- P R SALES CORPORATION PRIVATE LIMITED [Active] CIN = U52399PN2011PTC141408

Company & Directors' Information:- P K SALES COMPANY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC219681

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- K B SALES LTD [Active] CIN = U51109WB1993PLC058255

Company & Directors' Information:- J K SALES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109479

Company & Directors' Information:- D K Y SALES PRIVATE LIMITED [Active] CIN = U74899DL2002PTC117108

Company & Directors' Information:- K P R SALES PVT LTD [Active] CIN = U74899DL1983PTC016626

Company & Directors' Information:- M C SALES PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031203

Company & Directors' Information:- A V M SALES PVT LTD [Active] CIN = U24112WB1990PTC048552

Company & Directors' Information:- P S SALES PRIVATE LIMITED [Active] CIN = U51432UP2002PTC026496

Company & Directors' Information:- A M SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034571

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- S N SALES PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC071621

Company & Directors' Information:- G C SALES PVT LTD [Active] CIN = U51109HR1989PTC030575

Company & Directors' Information:- G. L. SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC205078

Company & Directors' Information:- J P M SALES PRIVATE LIMITED [Strike Off] CIN = U52100TG2012PTC080686

Company & Directors' Information:- C R SALES PRIVATE LIMITED [Active] CIN = U51311HR1989PTC034949

Company & Directors' Information:- S B SALES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019075

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- S M G SALES PRIVATE LIMITED [Active] CIN = U52190DL1996PTC076099

Company & Directors' Information:- G N INDIA SALES PRIVATE LIMITED [Active] CIN = U74999WB2012PTC180525

Company & Directors' Information:- V. R. A. SALES PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039548

Company & Directors' Information:- S R PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U23200MH1999PTC122909

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- K K SALES PRIVATE LIMITED [Active] CIN = U20299UP1987PTC009147

Company & Directors' Information:- P S I SALES PRIVATE LTD. [Active] CIN = U74899DL1986PTC022999

Company & Directors' Information:- J D SALES LIMITED [Strike Off] CIN = U51909MH1983PLC029644

Company & Directors' Information:- N D K SALES PRIVATE LIMITED [Active] CIN = U51101UP2009PTC037413

Company & Directors' Information:- H P SALES COMPANY PRIVATE LIMITED [Active] CIN = U51495DL2004PTC128566

Company & Directors' Information:- R. K. P. SALES PRIVATE LIMITED [Active] CIN = U52601UP2018PTC101743

Company & Directors' Information:- N R B SALES PVT. LTD. [Active] CIN = U51109WB1989PTC047356

Company & Directors' Information:- U C SALES PRIVATE LIMITED [Active] CIN = U30007DL2004PTC127320

Company & Directors' Information:- N. P. PETROLEUM LIMITED [Strike Off] CIN = U23201UP1995PLC018153

Company & Directors' Information:- M A K SALES PRIVATE LIMITED [Amalgamated] CIN = U26106UP2003PTC027989

Company & Directors' Information:- D. K. G. SALES PRIVATE LIMITED [Active] CIN = U51909DL2012PTC232444

Company & Directors' Information:- G AND G SALES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U52339KL2001PTC015071

Company & Directors' Information:- R H PETROLEUM PRIVATE LIMITED [Active] CIN = U23209MH1996PTC101701

Company & Directors' Information:- D S SALES PVT LTD [Active] CIN = U74899DL1981PTC011644

Company & Directors' Information:- S P M SALES PRIVATE LIMITED [Active] CIN = U51211DL1997PTC085322

Company & Directors' Information:- K S S SALES PRIVATE LIMITED [Active] CIN = U70200UP1999PTC024587

Company & Directors' Information:- S P C SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC210237

Company & Directors' Information:- T I & M SALES LTD [Not available for efiling] CIN = U51900WB1967PLC015415

Company & Directors' Information:- G S SALES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015481

Company & Directors' Information:- M B SALES INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057259

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- G B SALES PRIVATE LIMITED [Strike Off] CIN = U74900PN2013PTC149637

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- M L G SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1996PTC075048

Company & Directors' Information:- K I A SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC122783

Company & Directors' Information:- M V SALES (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2008PTC184122

Company & Directors' Information:- R & Y SALES PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC093675

Company & Directors' Information:- A S M SALES PRIVATE LIMITED [Strike Off] CIN = U45301UR2000PTC025735

Company & Directors' Information:- M J SALES PRIVATE LIMITED [Strike Off] CIN = U18101MH1988PTC049326

Company & Directors' Information:- G M SALES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076494

Company & Directors' Information:- S G SALES PVT LTD [Active] CIN = U51909TG1989PTC010567

Company & Directors' Information:- K S M PETROLEUM PRIVATE LIMITED [Active] CIN = U01120TZ1978PTC000800

Company & Directors' Information:- R. P. SALES PRIVATE LIMITED [Active] CIN = U16004UP1995PTC017800

Company & Directors' Information:- P M C SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024459

Company & Directors' Information:- M M SALES PRIVATE LIMITED [Strike Off] CIN = U52602OR1993PTC003255

Company & Directors' Information:- S S G M SALES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900PN2014PTC151358

Company & Directors' Information:- A P SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008819

Company & Directors' Information:- A R SALES PRIVATE LIMITED [Active] CIN = U51909DL2003PTC123142

Company & Directors' Information:- B M SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC127901

Company & Directors' Information:- U R SALES PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034419

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S W C SALES PRIVATE LIMITED [Strike Off] CIN = U52599PB2005PTC028340

Company & Directors' Information:- U. G. SALES PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC233364

Company & Directors' Information:- A. M. PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U51524MH2014PTC255581

Company & Directors' Information:- M I P SALES PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016482

Company & Directors' Information:- G V S SALES PRIVATE LIMITED [Active] CIN = U51900MH2004PTC149593

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- K J SALES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC228743

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- M G SALES PRIVATE LIMITED [Active] CIN = U74120UP2011PTC047801

Company & Directors' Information:- S F SALES PRIVATE LIMITED [Strike Off] CIN = U51101UP2011PTC044031

Company & Directors' Information:- S D T SALES PRIVATE LIMITED [Strike Off] CIN = U52390TG2012PTC080405

Company & Directors' Information:- D B S SALES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2004PTC028747

Company & Directors' Information:- S M SALES PRIVATE LIMITED [Active] CIN = U51900DL1993PTC053285

Company & Directors' Information:- A N SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC091432

Company & Directors' Information:- S V S PETROLEUM PRIVATE LIMITED [Active] CIN = U51909DL2002PTC116940

Company & Directors' Information:- A R V SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC138896

Company & Directors' Information:- A. C. T. SALES PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172729

Company & Directors' Information:- V R SALES PRIVATE LIMITED [Strike Off] CIN = U51109KA1990PTC011491

Company & Directors' Information:- A J SALES PVT LTD [Strike Off] CIN = U51909CH1989PTC009863

Company & Directors' Information:- G M SALES PVT LTD [Strike Off] CIN = U51909CH1992PTC012260

Company & Directors' Information:- A TO Z SALES (P) LIMITED [Strike Off] CIN = U74900DL1996PTC082425

Company & Directors' Information:- J C SALES PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC014805

Company & Directors' Information:- M S SALES PRIVATE LIMITED [Strike Off] CIN = U74300UP1967PTC003153

Company & Directors' Information:- B R SALES COMPANY PRIVATE LIMITED [Strike Off] CIN = U34300DL1983PTC016125

Company & Directors' Information:- D V SALES PVT LTD [Strike Off] CIN = U51900MH1982PTC026068

Company & Directors' Information:- INDIA PETROLEUM COMPANY LIMITED [Dissolved] CIN = U99999MH1936PTC002453

    Writ Petition No. 23658 of 2017 & W.M.P. No. 24832 of 2017

    Decided On, 03 January 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE R. SUBBIAH & THE HONOURABLE MR. JUSTICE R. PONGIAPPAN

    For the Petitioner: M.A. Gouthaman, Advocate. For the Respondents: R1, V. Shanmuga Sundar, Special Government Pleader, R2 & R3, A. Nagarajan, R4, D.R. Sivakumar, Advocates.



Judgment Text


(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents to deseal the premises of the petitioner at M/s.Confluence Petroleum India Ltd. Having Office at S.No.138/6, V.No.65, Sembium – Red Hills Road, Perambur, Chennai – 600 0099 by considering the petitioner's representation dated 24.07.2017.)

R. Subbiah, J.

1. The writ petition has been filed for Mandamus directing 2nd and 3rd respondents to de-seal the premises of the petitioner at M/s.Confluence Petroleum India Ltd. having Office at S.No.138/6, V.No.65, Sembium – Red Hills Road, Perambur, Chennai – 600 0099 by considering the petitioner's representation dated 24.07.2017.

2. In the affidavit filed in support of the writ petition, it is averred that the petitioner's company was permitted to install Auto LPG Dispensing Station at S.No.138/6, V.No.65, Sembium-Red Hills Road, Perambur, Chennai-99 on 18.11.2013. The Deputy Chief Controller has granted an exclusive licence dated 18.11.2013 to run the Auto LPG dispensing station and that the Fire Department has granted No Objection Certificate on 06.02.2014 to carry on the business. The Commissioner of Police, Chennai has also granted No Objection Certificate dated 06.05.2014 to run the Auto LPG Station subject to the condition that their Fuel Station should not cause any hindrance to the free flow of traffic. After obtaining all the prerequisite permission from the competent authorities, the petitioner company has started the Auto LPG station by erecting temporary and movable structures. While so, the third respondent issued a Show Cause Notice dated 24.02.2016 under Sections 56, 57 read with 85 of the Tamil Nadu Town and Country Planning Act 1971 stating that the petitioner has to remove unauthorised portion within three days and in the event of failure to do so, the third respondent would initiate action to lock and seal the premises. On receipt of the same, the petitioner has submitted a representation dated 14.03.2016 to the respondents seeking time to file approval of plan. Even before processing the application for approval, the third respondent has issued a notice dated 05.05.2016 to discontinue the occupation of the premises within seven days. On receipt of the said notice, the petitioner had immediately replied on 20.05.2016. But without considering the representation and explanation offered by the petitioner, the third respondent has proceeded with the coercive action of locking and sealing the premises. Thereafter, the petitioner filed an Appeal dated 13.07.2016 under Section 87-A of the Town and Country Planning Act 1971. The first respondent vide letter dated 05.08.2016 directed the Corporation of Chennai/Chennai Metropolitan Development Authority to take appropriate action to de-seal the building. Pursuant to the said letter, the petitioner has requested the second respondent to de-seal the premises in order to run the business. Accordingly, the second respondent has passed an order dated 10.08.2016 to de-seal the premises and directed the petitioner to comply with the orders passed by the first respondent and to obtain necessary planning permission.

3. The grievance of the petitioner is that even though the officials connected to the respondents are fully aware of the order passed by the first respondent and the subsequent event of the petitioner in applying for the approval of plan, the officials of the respondents came twice in the middle of November 2016 under the pretext of sealing the premises. Therefore, the petitioner is before this Court to de-seal the premises.

4. A Counter affidavit has been filed by the third respondent stating that on routine inspection made by the Assistant Engineer, Greater Chennai Corporation, it was found that the petitioner has commenced the construction of Gas Station at No.8/28, Red Hills Road, Kolathur, Chennai. Therefore, immediately a notice dated 24.02.2016 under Sections 56 and 57 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971 was issued to the petitioner for stopping the above construction. As the petitioner has failed to comply with the direction of the above said notice, Demolition Notice for locking and sealing the premises has been issued to the petitioner. In the meantime, the petitioner has filed a Writ Petition in W.P. No.44166 of 2016 forbearing the respondents from taking any coercive action to lock and seal the premises. This Court by order dated 07.02.2017, granted one month's time to obtain the document namely, the title of the predecessor and to re-submit the application within six weeks and directed the respondent authorities to take a decision thereafter. Pursuant to the above order, as the petitioner has submitted an incomplete application, the same has been rejected by the respondents. After rejection of the application submitted by the petitioner, the out-let of the petitioner was locked and sealed on 21.07.2017.

5. A perusal of the counter affidavit filed by the third respondent would show that the petitioner has attended the personal hearing on 21.09.2017 and has submitted only the current ownership title deed of the above premises. Further, the temple fourth respondent herein has filed a Writ Petition in W.P. No.23577 of 2016 seeking a direction to the respondent Corporation not to issue any licence for functioning of any gas station in the petitioner's premises and the same is pending.

6. Moreover, a Civil Suit filed by the temple stating that the land belongs to them was pending and that the petitioner has taken over the property in question on lease from one Athinathan and the petitioner itself claiming that it is a private land.

7. It is submitted by the learned counsel appearing for the petitioner that since the dispute is pending between the parties, a direction may be given to the respondent Corporation to de

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-seal the premises till the above Civil Suit filed by the Temple is disposed of and now the petitioner is prepared to pay the rent. 8. Since there is a civil dispute over the title of the land and that the petitioner itself claiming that it is a private land, the submission made by the learned counsel for the petitioner cannot be accepted. As the petitioner is only a third party to the property and that the Civil Suit is pending between the original tenant and the temple, this Court is not inclined to entertain the prayer of the petitioner. Accordingly, the writ petition stands dismissed. Consequently, W.M.P. No.24832 of 2017 is closed. No costs.
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