K.Malarvizhi v. The Chief Area Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.4673 & 4674/2014 & MP.Nos.1&1/2014 K.Malarvizhi ..

Petitioner in WP.No.4673/2014 Mr.S.Kalanidhi ..

Petitioner in WP.No.4674/2014

Versus

The Chief Area Manager Indane Area Office, Indian Oil Corporation No.500, Anna Salai, Teynampet, Chennai 600 018.

..

Respondent in both the petitions Writ petitions filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records of the respondent in Ref.CHAO/RGGLV/Nem/04 and CHAO/RGGLV/Nem/05 dated 29.01.2014 and to quash the same and to further direct the respondent to accept the application of the petitioners to participate in the selection process of Rajiv Gandhi Gramin LPG Vitrak of Nemili Location, Arakkonam Taluk, Vellore District.

For Petitioners in both the petitions :

Mr.T.Ravikumar For Respondent in both the petitions :

Mr.M.Ravindran, Senior counsel for Mr.V.Anantha Natarajan COMMON ORDER Heard Mr.T.Ravikumar, learned counsel for the petitioners and Mr.M.Ravindran, learned senior counsel for the respondent and perused the material available on record. Since the issue involved in the above writ petitions is one and the same, the said writ petitions are disposed of by the following common order.

2.In both the writ petitions, the petitioners seek for quashing the order of the respondent dated 29.01.2014 by which the petitioners' applications for grant of LPG Distributorship was

rejected on the ground that the petitioners do not own lands in the advertised location.

3.Learned Senior counsel appearing for the respondent would submit that during the pendancy of the writ petitions, the candidates have been selected and Distributorship has been awarded. 4.In such circumstances, unless and until the petitioners challenge the grant of distributorship to the other candidates, they cannot independently challenge the impugned proceedings. However, it is seen that the petitioners have not been furnished with the copy of the said order.

5.Hence, there will be a direction to the respondent to furnish a copy of the order selecting the distributors in both the areas in question, the petitioners within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, it is open to the petitioners to challenge the said order of selecting the new distributors as well as the impugned proceedings dated 29.01.2014 in the manner known to law.

6.The writ petitions are disposed of with the above direction. No costs. Consequently, connected MPs are closed. The Registry is directed to return the original impugned order to the learned counsel for the petitioners.

Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar AP To The Chief Area Manager Indane Area Office, Indian Oil Corporation No.500, Anna Salai, Teynampet, Chennai 600 018.

+2 CCs to Mr. V.Ananda Natarajan, Counsel for the Petitioner in both the Petitions Sr.Nos.7896 & 7897/2015.

+2 CCs to Mr. T.Ravikumar, Counsel for the Respondent in both the Petitions SR.Nos.7529 & 7530/2015.

WP.Nos.4673 & 4674/2014 VGI (CO) VS 26.02.2015