Dismissed¶¶39

Francis Markus v. the Chief Secretary

Madras HC2 Jun 2026WMP(MD)/4580/2026

Case brief

AI extract

What is this about?

Keywords: amendment petition; amendment of affidavit; wrong extent 3230 sq. ft.; correct extent 3821 sq. ft.; WP(MD)No.1894 of 2014; disposal order dated 17.04.2023; vacate land on or before 10.05.2023; liberty to seek compensation before appropriate forum; Hindustan Petroleum Corporation Limited petroleum outlet licence cancelled; subsequent purchaser; Section 226 of the Constitution of India; Madurai Bench of Madras High Court; B.Pugalendhi, J.; amendment petition dismissed as unnecessary; no monetary award.

What did the court decide?

There is no scope for amendment. ¶¶38

Francis Markus Vs the Chief Secretary — Writ and Judicial Review | Madras HC (2026)

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WMP(MD). No.4580 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 02.06.2026

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CORAM

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THE HONOURABLE MR. JUSTICE B.PUGALENDHI

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WMP(MD)No.4580 of 2026 in

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WP(MD)No.1894 of 2014

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Francis Markus ... Petitioner

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Vs.

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The Chief Secretary, Ministry of Petroleum and Natural Gas, New Delhi.

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The Joint Chief Controller of Explosives, (South Circle)

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140, Rukmini Laxmipati Road,

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Egmore,

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Chennai – 600 008.

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The Deputy Chief Controller of Explosives, Sivakasi Sub Circle Office, FRDC Complex, Near ESI Hospital, Sivakasi West – 626 130 Virudhunagar District.

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Hindustan Petroleum Corporation Limited, Rep by its Regional Manager, Plot. 167-172, Sidco Industrial Area, South Phase, Kappalur- NA, Madurai District.

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1/5

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

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WMP(MD). No.4580 of 2026

5. Maheswaran

6. Narashimhalu

... Respondents

PRAYER :- Petition filed under Section 226 of the Constitution of India, praying this Court to amend the affidavit and the order made in W.P.(MD).No.1894/2014 dated 17.04.2023 as more fully described hereunder

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Particulars of Amendments

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i. The wrong extent 3230 sq.feet mentioned in the Affidavit of W.P.(MD).No.1894/2014 in Para 3, 4th Line and Para 9, 6th Line has to be deleted and in that place, correct extent 3821 sq. feet has to be mentioned.

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ii. The wrong extent 3230 sq.feet mentioned in Para 2, 3^rd Line of the order in W.P.(MD).No.1894/2014 order dated 17.04.2023 has to be deleted and in that place correct extent 3821 sq.feet has to be mentioned

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For Petitioner : Mr.A.Haja Mohideen For R2 : Mr.S.Siva Subramanian, Counsel for State of Tamil Nadu For R4 : Mr.M.Sridhar

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ORDER

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The petitioner is a subsequent purchaser of the land. The land was originally leased out by the predecessor of the petitioner to the 4^th

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2/5

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

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WMP(MD). No.4580 of 2026

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respondent, namely, Hindustan Petroleum Corporation Limited and the said entity was running a petroleum outlet. Challenging the grant of licence in favour of the 4^th respondent, the petitioner has approached this Court in W.P.(MD)No.1894 of 2014. When the writ petition was taken up for hearing, the learned counsel for the 4^th respondent submits that the licence was already cancelled and therefore, they are likely to return the possession of the land to the petitioner. Recording the submission of the learned counsel for the 4^th respondent, the writ petition was disposed of by order dated 17.04.2023, with a direction to the 4^th respondent to vacate the petitioner's land on or before 10.05.2023 and with liberty to the petitioner to workout his remedy for compensation, if any, before the appropriate forum.

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The petitioner has filed this petition to amend the affidavit and the order in W.P.(MD)No.1894 of 2014 dated 17.04.2023, as if the petitioner has wrongly mentioned the extent of property as 3230 sq. ft. instead of 3821 sq. ft.

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3/5

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

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WMP(MD). No.4580 of 2026

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There is no scope for amendment. This Court, while disposing

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of the writ petition in W.P.(MD)No.1894 of 2014, has not observed anything as to the extent of the property. Since the petitioner has filed this petition unnecessarily, this amendment petition stands dismissed.

02.06.2026

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The Chief Secretary, Ministry of Petroleum and Natural Gas, New Delhi.

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The Joint Chief Controller of Explosives, (South Circle) 140, Rukmini Laxmipati Road, Egmore,

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Chennai – 600 008.

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The Deputy Chief Controller of Explosives, Sivakasi Sub Circle Office, FRDC Complex, Near ESI Hospital, Sivakasi West – 626 130 Virudhunagar District.

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