2025:MHC:2525 WA No. 1776 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-10-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WA No. 1776 of 2021 1. Sekhar Enterprises rep. by its Proprietor T.Rajashekhar, (died) No. 245 G.N.T.road, Gummidipoondi-601201, Thiruvallur district 2. V.R.Geetha 3. V.R.Lakshmipathy 4. V.R.Aadithya 5. V.R.Arjun [Sole appellant died. A2 to A5 impleaded as legal heirs of A1 vide order dated 18.10.2023 in CMP.No.21088 of 2023] Appellant(s) Vs 1. Bharat Petroleum Corporation Limited Rep. By Its General Manager, No.1 Ranganathan Gardens, 11th Main Road, Anna Nagar, Chennai-600040 https://www.mhc.tn.gov.in/judis WA No. 1776 of 2021 2.The Territory Manager (Retail) Bharat Petroleum Corporation Limited, No. 35 Vaidyanathan Street, Tondiarpet, Chennai-600081 Respondent(s) PRAYER To set aside the order dated 03/11/2020 made in WP No. 12256/2019 is so far as it went against the petitioner and the order of the 2nd respondent issued vide proceedings in CHTR.Sekar Enterprises (CC 110932) dated 09/04/2019 and direct the respondents to allow resitement of licenses. For Appellant(s): Mr. C.K. Chandrasekar For Respondent(s): Mr.M.Vijayan For M/s.King And Partridge for R1 And R2 ORDER (Order of the Court was made by S.M.Subramaniam J.) The present intra court appeal has been instituted by writ petitioner. The order dated 09.04.2019 issued by Territory Manager (Retail), Bharat Petroleum Corporation Limited is under challenge in the writ proceedings. 2. Appellant submitted an application seeking resitement of his dealership namely M/s.Sekar Enterprises in Survey No.342/6A2 and Survey No.342/1A2B. Application since rejected, writ petition came to be instituted. https://www.mhc.tn.gov.in/judis WA No. 1776 of 2021 3. Learned counsel for the appellant would mainly contend that appellant is the owner of land in Survey No.342/6A2 and Survey No.342/1A2B. Therefore, resitement of dealership would be of more beneficial to operate retail outlet. 4. Learned counsel for the 1 st petitioner would oppose by stating that an Adhoc licence was granted in respect of land purchased by appellant. Originally, there was a dealer and his dealership was terminated and subsequently, an Adhoc dealer was appointed by 1 st petitioner, who is currently running retail outlet. Admittedly, the said Adhoc dealer is not a party either in writ proceedings or in appellate proceedings. In the event of resitement of dealership of appellant, rights of present Adhoc dealer, who is in possession of land will also get affected. That apart, it is all about business transaction and parties have to negotiate in order to arrive at a decision, which may not affect the business interest of parties. However, the High Court in such nature of cases cannot issue direction to the Bharat Petroleum Corporation Limited to grant resitement of dealership of appellant, which https://www.mhc.tn.gov.in/judis WA No. 1776 of 2021 would have repercussions and implications in respect of other person, who is holding Adhoc dealership in respect of land belongs to appellant. 5. Learned counsel for the appellant as well as learned counsel for the Oil Corporation would agree that issues between parties have to be negotiated and a decision is to be arrived. 6. In view of the said submission, the Writ Appeal is disposed of, granting liberty to parties to negotiate and resolve the issues in the manner known to law. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 25-10-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WA No. 1776 of 2021 To 1.Bharat Petroleum Corporation Limited Rep. By Its General Manager, No.1 Ranganathan Gardens, 11th Main Road, Anna Nagar, Chennai-600040 2.The Territory Manager (retail) Bharat Petroleum Corporation Limited, No. 35 Vaidyanathan Street, Tondiarpet, Chennai-600081 https://www.mhc.tn.gov.in/judis WA No. 1776 of 2021 S.M.SUBRAMANIAM J. AND MOHAMMED SHAFFIQ J. gd WA No. 1776 of 2021 25-10-2025 https://www.mhc.tn.gov.in/judis