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Madras High CourtWP/2899/2022dismissed as withdrawal

M/S. Sri Ayyappan Cylinders v. The Indian Oil Corporation Ltd

2022-02-15Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.2899, 2902 to 2904, 2907 & 2908 of 2022 & WMP.Nos.3035, 3038, 3039, 3041, 3044 & 3045 of 2022 M/s. Sri Ayyappan Cylinders Rep. by its Partner Muthu Chinnasamy Krishnapuram, Vijayamangalam 638 056 Perundurai Taluk Erode District.

...Petitioner in all WPs

Vs.

The Indian Oil Corporation Ltd Rep. by its General Manager- IC, LPG, Tamil Nadu State Office, Indian Oil Bhavan, 139 Uthamar Ghandhi Salai, Chennai 600 034.

...Respondent in all WPs

Prayer in WP No.2899 of 2022: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in TNSO / LPG / SCN / SAC / 2021-2022 / 04 / TRICHY-BPs / dated 21.01.2022 issued by the respondent, Quash the same and consequently forbear the respondent from proceeding against the petitioner to cancel the Statutory Testing and Painting as well as re-painting based on the action taken by the BIS department in respect of the Hot Repair Contract work by considering the representation dated 01.02.2022 Prayer in WP No.

2902 of 2022: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus directing, calling for the records relating to the impugned proceedings in TNSO / LPG / SCN / SAC / 2021-2022 / 02 / CBTR-BP / HR dated 21.01.2022 issued by the respondent, Quash the same and consequently forbear the respondent from proceeding against the petitioner to cancel the Statutory Testing and Painting as well as re-painting based on the action taken by the BIS department in respect of the Hot Repair Contract work by considering the representation dated 01.02.2022.

Prayer in WP No.2903 of 2022: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus directing, calling for the records relating to the impugned proceedings in TNSO / LPG / SCN / SAC / 2021-2022 / 06 / Coimbatore, Erode and Salem BP / dated 21.01.2022 issued by the respondent, Quash the same and consequently forbear the respondent from proceeding against the petitioner to cancel the Statutory Testing and Painting as well as re-painting based on the action taken by the BIS department in respect of the Hot Repair Contract work by considering the representation dated 01.02.2022.

Prayer in WP No.2904 of 2022 : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus directing, calling for the records relating to the impugned proceedings in TNSO / LPG / SCN / SAC / 2021-2022 / 01 dated 21.01.2022 issued by the respondent, Quash the same and consequently forbear the respondent from proceeding against the petitioner to cancel the Statutory Testing and Painting as well as re-painting based on the action taken by the BIS department in respect of the Hot Repair Contract work by considering the representation dated 01.02.2022. Prayer in WP No.

2907 of 2022 : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus directing, calling for the records relating to the impugned proceedings in TNSO / LPG / SCN / SAC / 2021-2022 / 03 / Erode, Coimbatore, Trichy / BPs / dated 21.01.2022 issued by the respondent, Quash the same and consequently forbear the respondent from proceeding against the petitioner to cancel the Statutory Testing and Painting as well as re-painting based on the action taken by the BIS department in respect of the Hot Repair Contract work by considering the representation dated 01.02.2022.

Prayer in WP No.2908 of 2022 : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus directing, calling for the records relating to the impugned proceedings in TNSO / LPG / SCN / SAC / 2021-2022 / 05 / Madurai / BP / dated 21.01.2022 issued by the respondent, Quash the same and consequently forbear the respondent from proceeding against the petitioner to cancel the Statutory Testing and Painting as well as re-painting based on the action taken by the BIS department in respect of the Hot Repair Contract work by considering the representation dated 01.02.2022.

For Petitioner : Mr.N.Manokaran For Respondent : Mr.Mohammad Fayaz Ali Standing Counsel C O M M O N O R D E R Learned counsel for the petitioner wishes to withdraw the writ petitions and has made an endorsement in this regard.

2. In the light of endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as withdrawn. The respondent shall afford an opportunity of personal hearing to the petitioner, hear the petitioners without any pre-conceived notions and with an open mind and conclude the proceedings initiated under the impugned show cause notices, in accordance with law and all applicable rules and regulations. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar ska To The Indian Oil Corporation Ltd Rep. by its General Manager- IC, LPG, Tamil Nadu State Office, Indian Oil Bhavan, 139 Uthamar Ghandhi Salai, Chennai 600 034.

+6ccs to Mr.N.Manokaran, Advocate SR. Nos. 9700 to 9705 W.P.No.2899, 2902 to 2904, 2907 & 2908 of 2022 & WMP.No.3035, 3038, 3039, 3041, 3044 & 3045 of 2022 NK (CO) PR (16/03/2022)