M.Chitra v. General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.2961 and 2963 of 2020 M. Chitra ... Petitioner Vs.

1. The General Manager, Hindustan Petroleum Corporation Limited, registered office at No.17, Jamshedji Tata Road, Mumbai - 400 020.

2. Hindu Petroleum Corporation Limited, No.90, 2nd Floor, MDSR Enclave, Bharathidasan Road, Cantonment, Trichy - 620 001, Represented by its Head and Regional Manager.

3. Sales Officer, Hindustan Officer Corporation Limited, Pondicherry.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the issue of communication in Proceedings No.15457237669841 dated 24.12.2019 and the consequent communication dated 26.12.2019 duly issued by the Hindustan Petroleum Corporation Limited, No.90, 2nd Floor, MDSR Enclave, Bharathidasan Road, Cantonment, Trichy - 620 001, represented by its Head and Regional Manager, the 2nd respondent herein, and quash the same. For Petitioner : M/s. D.Ashok Kumar

For Respondents : Mr. M.Vijayan for M/s. King and Partridge

O R D E R

The communication issued by the Hindustan Petroleum Corporation Limited dated 24.12.2019 is sought to be quashed in the present Writ Petition.

2. Pursuant to the notification issued to appoint petroleum bunk retailers, the petitioner submitted an application for retail outlet dealership at Mangalam Village, Uruvayaru Road, Pondicherry under the Scheduled Caste community and the advertisement issued on 25.11.2018. On receipt of the application, the competent authorities of Hindustan Petroleum Corporation Limited had scrutinized the same by conducting field inspection in respect of the lands offered by the applicant.

3. In the case of the writ petitioner, such an inspection was conducted on 20.12.2019 and the authorities found that the land offered by the petitioner is not meeting out the required norms, i.e., "offered site is not on Uruvayaru Road". Since the land offered by the petitioner is not meeting out the required conditions, the authorities have rejected the application.

4. Mere submission of an application pursuant to the notification would confer no right on the petitioner. Unless the petitioner is selected, she cannot have any right to claim over the reasons given, since the authorities have found that the land offered by the petitioner is not on Uruvayaru Road and therefore, the application itself cannot be entertained. Since the petitioner has no vested right to claim that the application must be considered, the relief, as such sought for in this Writ Petition cannot be granted.

5. Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 03.01.2024 skr Index : Yes / No Speaking order / Non-speaking order To

1. The General Manager, Hindustan Petroleum Corporation Limited, registered office at No.17, Jamshedji Tata Road, Mumbai - 400 020.

2. Hindu Petroleum Corporation Limited, No.90, 2nd Floor,

MDSR Enclave, Bharathidasan Road, Cantonment, Trichy - 620 001.

3. The Sales Officer, Hindustan Officer Corporation Limited, Pondicherry.

S.M.SUBRAMANIAM, J.

skr 03.01.2024