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Madras High CourtWP/28117/2010dismissed

M.K.Krishnan, v. Territory Manager (Retail),

2023-03-21Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2010 M.K.Krishnan ... Petitioner Vs.

1.Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Athur & Kadappai Village, Erode Road, Athur Post, Karur - 639 002.

2.The Area Marketing Manager, (Tamil Nadu & Pondicherry), 1, Ranganathan Gardens, 11th Main Road, Anna Nagar, Chennai - 600 040.

3.The Joint Director, Directorate of Government Examinations, Chennai - 600 006.

4.The Selection Committee, Bharat Petroleum Corporation Ltd., Athur - Kadappai Village, Erode Road, Athur Post, Karur - 639 002.

5.R.Jayaprakash ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the 2nd respondent relating to the order dated 29.07.2010 in respect of the cancellation of retail outlet dealership (Petrol Pump), quash the same. For Petitioner : Mr.R.Thamarai Selvan For R1, R2 & R4 : Mr.John Joseph For Mr.O.S.Kathikeyan For R3 : Mr.Abishek Murthy Government Advocate For R5 : Ms.S.Thankira For Mr.J.Vepparasu

O R D E R

The order dated 29.07.2010 rejecting the application of the writ petitioner for dealership of retail outlet dealership (Petrol Pump) is under challenge inn the present writ petition.

2. The petitioner pursuant to the notification submitted his application for grant of dealership to run retail outlet (Petrol Pump). Along with the application the petitioner had submitted all relevant documents including his educational certificates. The authorities, while scrutinising the documents

ascertained the genuinity of the educational certificate submitted by the petitioner and found that the educational certificate produced by the petitioner was bogus and therefore, the petitioner was not selected for dealership.

3. The petitioner instead of establishing the genuinity of the certificate has chosen to file the present writ petition. Since the petitioner was not selected and was unsuccessful, the 5th respondent, who is the next candidate was selected and the dealership was granted to him. The writ petition was filed in the year 2010 and for the past about 12 years the 5th respondent is running the retail outlet petrol pump. Since the authorities on verification found that the educational certificates produced by the petitioner was not genuine and bogus, this Court at this length of time cannot consider the relief as such sought for in the present writ petition. Thus, this Court do not find infirmity in respect of the orders passed by the 2nd respondent.

4. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 21.03.2023 (1/2) Jeni Index : Yes Speaking order To 1.The Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Athur & Kadappai Village, Erode Road, Athur Post, Karur - 639 002.

2.The Area Marketing Manager, (Tamil Nadu & Pondicherry), 1, Ranganathan Gardens, 11th Main Road, Anna Nagar, Chennai - 600 040.

3.The Joint Director, Directorate of Government Examinations, Chennai - 600 006.

4.The Selection Committee, Bharat Petroleum Corporation Ltd., Athur - Kadappai Village, Erode Road, Athur Post, Karur - 639 002.

S.M.SUBRAMANIAM, J.

Jeni 21.03.2023 (1/2)