M/S.Mettur Taluk Lorry Owners Association v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and CMP.Nos.11193 & 11196 of 2025 M/s.Mettur Taluk Lorry Owners Association, Door No.14/1-73, Salem Main Road, Pudusampalli, Mettur Dam-3, Salem District, Represented by its Secretary, K.S.N.Mani ... Appellant Vs.
1.
The Secretary, Ministry of Petroleum, Oil and Natural Gas, Government of India, New Delhi - 2.
The Chief Regional Manager, Hindustan Petroleum Corporation Limited, Salem Regional Office, GK Towers, Level - 4, 395/2, First Main Road, New Fairlands, Salem District.
... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 30.07.2024 passed in W.P.No.1844 of 2022. For Appellant : Mr.S.Doraiswamy
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The writ order dated 30.07.2024 passed in WP. No 1844 of 2022 is under challenge in the present writ proceedings. The writ petitioner is the appellant before this Court. 3.
The appellant is M/s.Mettur Taluk Lorry Owner Association. They have challenged the order dated 29.01.2022, rejecting the request of the appellant to continue as M&H contractor for the Special Retail Outlet or to award dealership. The respondent / Oil Corporation elaborately stated the facts in the impugned order dated 29.01.2022, and rejected the request made by the appellant and advised to handover peaceful possession of the retail outlet along with the Corporation's property to the Corporation Officials at the close business hours on 04.02.2022.
4.
Challenging the said order, the writ petition came to be
instituted.
5.
The learned single Judge elaborately considered the facts and made a finding that the guidelines only permit individuals to apply and partnership firms, associations and non-individual applicants such as Government organization/ bodies, PSUs, co-operative societies, partnership firms are illegible. More-over, the list produced before the writ Court is only illustrative and not exhaustive and hence, in light of the extant policy, the appellant, being an association, registered under the Societies Registration Act would be debarred from participation.
6.
In the context of the above finding, the writ Court further held that the contractual agreement qua the parties has ended in 2016, the appellant has been hanging on simply by virtue of the litigation and by taking advantage of the interim orders granted by the Court. 7.
Since the findings of the writ Court is regarding the conduct of the appellant and more-so, the appellant being an association is not eligible to seek dealership or license, this Court do not find any reason to interfere with the writ order impugned, which in the opinion of this Court is in consonance
with the established principles.
Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S,J.] [K.R.S,J.] 30.04.2025 veda Index:Yes/No Speaking order/Non-speaking order 1.
The Secretary, Ministry of Petroleum, Oil and Natural Gas, Government of India, New Delhi - 2.
The Chief Regional Manager, Hindustan Petroleum Corporation Limited, Salem Regional Office, GK Towers, Level - 4, 395/2, First Main Road, New Fairlands, Salem District.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 30.04.2025