The Hindustan Petroleum Corporation Limited vs R. Subramaniam, R. Muthusamy, R. Chinnadurai @ Subramaniam and Rangasamy Naidu and Sons

D. Murugesan, J. 1. The writ appeal, at the instance of M/s Hindustan Petroleum Corporation Limited, is directed against the order in the writ petition directing the Corporation to vacate, surrender, deliver and handover possession of the property in T.S. No. 487 & Door No. 100, Palladam Road, Pollachi, Coimbatore to the Respondents 1 to 3 herein. That writ petition came to be filed by the Respondents 1 to 3 on the ground that they are the owners of the aforesaid property and had let the same to the Appellant-Corporation for rent. As the Appellant-Corporation did not vacate the said premises on request, the writ petition came to be filed for the relief which was granted. The writ petition was allowed on the basis of the judgment of the Supreme Court in Hindustan Petroleum Corporation Ltd. and Another Vs. Dolly Das, .

In support of this writ appeal, the learned Counsel for the Appellant has brought to our notice the subsequent judgment of the Supreme Court in Bharat Petroleum Corporation Ltd. and Another Vs. N.R. Vairamani and Another, . In that judgment, the Supreme Court, while distinguishing its earlier judgment in Dolly Das case and by placing reliance on the provisions of Sections 3 & 9 of the City Tenants Protection Act which give certain rights to the tenants, ultimately, held that the right of the landlord is only to approach the civil Court or the Court concerned seeking for eviction and cannot file a writ petition under Article 226 of the Constitution of India.

This is not disputed by the learned Counsel for the Respondents 1 to 3 in this writ appeal. That apart, we are informed that the Respondents 1 to 3 had also filed a rent control petition seeking for eviction, which was dismissed and the matter is pending before this Court in a civil revision petition. In view of the judgment of the Supreme Court in Bharat Petroleum Corporation Ltd. and Another Vs. N.R. Vairamani and Another, , we hold that the writ petition is not maintainable and, accordingly, the order passed in the writ petition is set aside. The writ appeal is allowed. No costs.