The Divisonal Retail Sales Head Vs M. Kumaresan

The Divisional Retail Sales Head, M/s.Indian Oil Corporation Ltd., Chennai Division Office Marketing Division, 500, Anna Salai, Teynampet, Chennai 600 018

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: Appellant

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versus

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M.Kumaresan : Respondent

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Prayer: Appeal filed against the Judgment passed by the learned Single Judge in WP No.50537 of 2025 dated 05.01.2026.

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For Appellant : Mr.AR.L.Sundaresan, Additional Solicitor General, for Mr.R.Sreedhar For Respondent : Mr.V.B.R.Menon

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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WA No.151 of 2026

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JUDGMENT

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(Judgment of the Court was delivered by the Hon'ble Chief Justice)

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Heard learned counsel for the parties.

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Learned counsel for the appellant, after having argued for some time to assail the correctness and validity of the order passed by the learned Single Judge, now submits that if the appellant is granted three months’ time to vacate the premises along with all tanks and machinery etc., the appellant would be satisfied.

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Learned counsel for the respondent/caveator submits that the appellant, in ordinary course, ought to have vacated the premises by now. In the alternative, he submits that if at all the Court is inclined to grant some more time, the appellant maybe directed to pay rent for the period during which he continues, till he vacates the premises.

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After having heard learned counsel for the parties and taking

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into consideration the circumstances of the case particularly that the appellant has installed tanks, equipment etc, we are inclined to give

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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WA No.151 of 2026

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three months’ time to the appellant to handover vacant possession of the premises to the respondent. During this period, the appellant shall remove all tanks, equipment etc. installed in the premises. The appellant shall continue to pay monthly rent at the same rate it was being paid by it to the respondent till it is vacated.

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The order passed by the learned Single Judge is accordingly

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modified in the manner and to the extent stated above. The appeal is finally disposed of. There will be no order as to costs. Consequently, CMP No.1229 of 2026 is closed.

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(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G. ARUL MURUGAN, J.) 21.01.2026 Index : Yes/No Neutral Citation : Yes/No tar

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To

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The Divisional Retail Sales Head, M/s.Indian Oil Corporation Ltd., Chennai Division Office Marketing Division, 500, Anna Salai, Teynampet, Chennai 600 018

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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WA No.151 of 2026

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THE HON'BLE CHIEF JUSTICE AND

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G. ARUL MURUGAN, J.

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(tar)