WP/9516/2026 of POLYHOSE INDIA PRIVATE LTD Vs BHARAT PETROLEUM CORPORATION LTD
WP No. 9516 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
W.P.No. 9516 of 2026
Polyhose India Private Limited,
Represented by its Authorised Signatory,
K.Saravanakumar,
Polyhose Tower,
8th Floor, Western Wing,
86, Mount Road, Guindy,
Chennai-600 032.
..Petitioner(s)
Vs
1.Bharat Petroleum Corporation Limited,
Registered Office at Bharat Bhavan,
Nos.4 & 6, Currimbhoy Road,
Ballard East, Mumbai-400 001.
2.Bharat Petroleum Corporation Limited,
Southern Regional Office,
No.1, Ranganathan Garden,
Off 11th Main Road, Anna Nagar,
Chennai-600 040.
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus, to direct the respondents to
remove and take away within a prescribed time limit the fuel pumps, tanks,
pipelines and all other equipments that were provided and erected by the
respondents at site for operating a Petroleum Retail Outlet at No.89, Anna Salai,
Guindy, Chennai-600 032 and hand over vacant possession to the petitioner.
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For Petitioner(s): M/s.Z.Rifa Fathima
For Respondent(s): Mr.M.Vijayan
for M/s.King and Patridge
O R D E R
This Writ Petition has been filed to direct the respondents to remove and
take away the fuel pumps, tanks, pipelines and all other equipments tha t were
provided and erected by the respondents at site for operating a Petr oleum Retail
Outlet at No.89, Anna Salai, Guindy, Chennai and hand over vacant possession
to the petitioner within a time limit fixed by this Court.
2. The case of the petitioner is that the land measuring 11,230 sq.ft
situated in No.89, Anna Salai, Guindy, Chennai, was originally leased by
M/s.Southern Petro Chemical Industries Corporation Limited to Bharat
Petroleum Corporation Limited/respondents herein under a registered Lease
Deed dated 01.04.2004 which was expired on 30.09.2025. Subsequently, the
property was purchased by the petitioner herein under a registered Sa le Deed
dated 29.03.2012. Since the petitioner is not being inclined to renew the le ase,
several communications were issued to the respondents requesting them to hand
over possession of the property upon expiry of the lease period. The petit ioner
also addressed a representation dated 30.09.2025 to the Commissioner of Police
and PESO, requesting cancellation of No Objection Certificate dated
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23.06.1961 issued to BPCL and the Petroleum License issued to BPCL. Despite
receipt of representation, no response or action was initiated by the
Commissioner of Police or PESO on the petitioner’s request for cancellat ion of
NOC and PESO License. Consequently, the petitioner herein filed wri t petitions
seeking to direct the Commissioner of Police and PESO to consider the
petitioner’s representation dated 30.09.2025. Pursuant to the same, the
petitioner and the respondents were called for personal hearing on 18.12.2025
and thereafter, PESO passed an interim order cancelling the lice nce issued in
favour of BPCL and issued a show cause notice for cancellation of PESO
license. Pursuant to the enquiry and personal hearings conducted, the
Commissioner of Police vide order dated 09.01.2026, cancelled the No
Objection Certificate dated 23.06.1961. Consequent to cancellation of
Petroleum License and NOC, the petroleum retail outlet has been shut down and
the retail outlet is not operational. Subsequently, PESO passed its fi nal order
dated 12.01.2026 cancelling PESO License issued in favour of BPCL with
immediate effect. However, after the expiry of the lease deed on 30.09.2025, the
pumps, tanks, pipelines etc., belonging to the respondents and erected at site are
yet to be removed from the premises. Hence, the present writ peti tion has been
filed seeking the aforesaid prayer.
3. When the matter is taken up for hearing today, the learned c ounsel
appearing for the respondents submits that the respondents will vacate the
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premises and hand over vacant possession to the petitioner within a peri od of
six weeks.
4. Recording the submission made by the learned counsel appearing for
the respondents, this Writ Petition is disposed of with a direction to the
respondents to vacate the premises and hand over the vacant possession to the
petitioner within a period of six weeks from the date of receipt of a copy of this
order. Till handing over the vacant possession to the petitioner, the res pondents
are directed to pay the rents regularly along with the tax, if any, to the
petitioner. There shall be no order as to costs.
07-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
To
1. Bharat Petroleum Corporation Limited,
Registered Office at Bharat Bhavan,
Nos.4 & 6, Currimbhoy Road,
Ballard East, Mumbai-400 001.
2.Bharat Petroleum Corporation Limited,
Southern Regional Office,
No.1, Ranganathan Garden,
Off 11th Main Road, Anna Nagar,
Chennai-600 040.
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WP No. 9516 of 2026
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M.DHANDAPANI J.
ssb
WP No. 9516 of 2026
07-04-2026
https://www.mhc.tn.gov.in/judis