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Madras High CourtWP/723/2018disposed of

S.Annamalai, v. Indian Oil Corporation Ltd.,

2018-01-19Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.723 of 2018 and WMP.No.886 of 2018 S.Annamalai Son of Samyudayar A .. Petitioner Vs 1.Indian Oil Corporation Limited Represented by its Senior Area Manager 500, Anna Salai, Teynampet, Chennai-600 018.

2.The Tahsildar Tiruvannamalai.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to confirm the award of LPG Distributorship at Nallavanpaliyam, Thiruvannamalai vide the application number CHAO/TVNP/004 dated 21.10.2013 in favour of the petitioner.

For Petitioner: Mr.V.Raghavachari For Respondents: Mr.Abdul Saleem standing counsel for R1 Mr.D.Suriyanarayanan Additional Government Pleader for R2

O R D E R

The petitioner seeks for a mandamus directing the first respondent to confirm the award of LPG Distributorship at Nallavanpaliyam, Thiruvannamalai vide the application number CHAO/TVNP/004 dated 21.10.2013 in favour of the petitioner.

2. Heard Mr.V.Raghavachari, learned counsel appearing for the petitioner, Mr.Abdul Saleem, learned standing counsel appearing for the first respondent and Mr.D.Suriyanarayanan,

learned Additional Government Pleader appearing for the second respondent.

3. It is seen that the petitioner has applied for an award of LPG Distributorship for an area called Nallavanpaliyam, Thiruvannamalai District. After choosing a place, the petitioner obtained a certificate from the Tahsildar namely, the third respondent dated 04.10.2017, indicating that the place chosen by the petitioner is within the Nallavanpaliyam Panchayat. Now, the first respondent Corporation wants a clarification from the second respondent, as to whether the place chosen by the petitioner for locating the said LPG showroom falls within the village of Nallavanpaliyam specifically.

4. The learned counsel for the first respondent submitted that if the second respondent Tahsildar issues a fresh certificate clarifying the above said position, there will not be any difficulty for the first respondent to consider the petitioner's application.

5. The learned Additional Government Pleader appearing for the second respondent submitted that the second respondent will consider the matter and issue a fresh certificate, after verifying the facts, by conducting local inspection.

6. Accordingly, this writ petition is disposed of, by directing the second respondent to issue a fresh certificate, after conducting an enquiry / local inspection with regard to the place chosen by the petitioner, as to whether the same falls within the village of Nallavanpaliyam, as required by the first respondent. Such exercise shall be done by the second respondent within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar mk

To 1.Indian Oil Corporation Limited Represented by its Senior Area Manager 500, Anna Salai, Teynampet, Chennai-600 018.

2.The Tahsildar Tiruvannamalai.

+ 1 cc to M/s. V. Raghavachari, Advocate SR.4427 + 1 cc to M/s. Abdul Saleem, Advocate Sr.4508 + 1 cc to Government Pleader Sr.5466 W.P.No.723 of 2018 (CS-VIII) EU(06/02/2018)