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Madras High CourtWP/2161/2013closed

Erk Enterprises, Iocl Dealer, v. The Union Of India

2020-09-08Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.2161 to 2164 of 2013 ERK Enterprises, IOCL Dealer, Rep. by its Proprietor, E.Ravikumar, carrying on business at Nos.12 and 13, Balaji Nagar, Thiru Aayarpadi, Ponneri, Thiruvallur District - 601 204 ... Petitioner in W.P.No.2161 of 2013 S.K.Ariyappa Chettiar & Sons BPCL Dealer, 128 Athur Road, Raasipuram, Namakkal District.

... Petitioner in W.P.No.2162 of 2013 M/s.Dass Agencies, IOCL Dealer, Rep. by its Partner S.Bhakatavachala Reddiar, Business at No.3 Erikkarai Street, Sothupakkam Village, Cheyyur Taluk, Kancheepuram District - 603 319.

... Petitioner in W.P.No.2163 of 2013 A.R.S.Nanjunda Chetty and Sons, IOCL Dealer Rep. by its Partner N. Ramesh, Carrying on Business at 93/74-1, Venkatappa Chetty Road, Salem - 636 002 ... Petitioner in W.P.No.2164 of 2013 Vs

1. The Union of India, Rep by its Secretary, Ministry of Petroleum and Natural Gas, Sasthri Bhavan, New Delhi.

2. The Director (Marketing), Indian Oil Corporation Ltd., G-9, Ali Yuavar Jung Marg, Bandara East, Mumbai - 400 051.

3. Hindustan Petroleum Corporation Ltd., Rep.by its Chairman and Managing Director, 17, Jamshed Ji Tatta Road, Mumbai-400 020.

4. Indian Oil Corporation Limited, Rep. by its Chairman and Managing Director, Scope Complex, New Delhi - 110 003.

5. Bharat Petroleum Corporation Ltd., Rep. by its Chairman and Managing Director, Bharat Bhavan, No.4&6, Currim Bhoy Road, Ballard Estate, P.B.No.688, Mumbai - 1.

6. The Government of Tamil Nadu, Rep by its Secretary, Food, Civil Supplies and Consumer Protection Department, Fort St.George, Chennai - 600 009.

7. The Commissioner of Civil Supplies, Chepauk, Chennai - 600 005.

...Respondents in all W.Ps.

Prayer in W.P.No.2161 of 2013 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the impugned advertisement published in The Hindu Newspaper dt 31.12.2012 by the 2nd to 5th respondents for appointment of LPG distributors in Tiruvellore - 2, Tiruvellore District and quash the same and consequently direct the 1st to 5th respondents herein to allot LPG Distributorship in Tiruvellore - 2, Tiruvellore District or in any location in Tamilnadu to the petitioner before allotting to any body.

Prayer in W.P.No.2162 of 2013 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus,calling for the impugned advertisement published in The Hindu Newspaper dt 31.12.2012 by the 2nd to 5th respondents for appointment of LPG distributors in Raasipuram -1, Namakkal District and quash the same and consequently direct the 1st to 5th respondents herein to allot LPG Distributorship in Raasipuram -1, Namakkal District or in any

location in Tamilnadu to the petitioner before allotting to any body.

Prayer in W.P.No.2163 of 2013 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the impugned advertisement published in The Hindu Newspaper dt 31.12.2012 by the 2nd to 5th respondents for appointment of LPG distributors in Arni, Thiruvannamalai District and quash the same and consequently direct the 1st to 5th respondents herein to allot LPG Distributorship in Arni, Thiruvannamalai District or in any location in Tamilnadu to the petitioner before allotting to any body.

Prayer in W.P.No.2164 of 2013 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the impugned advertisement published in The Hindu Newspaper dt 31.12.2012 by the 2nd to 5th respondents for appointment of LPG distributors in Salem Chinna Thirupathi, Salem District and quash the same and consequently direct the 1st to 5th respondents herein to allot LPG Distributorship in Salem Chinna Thirupathi, Salem District or in any location in Tamilnadu to the petitioner before allotting to any body.

For Petitioner : Mr.K.Raja in all WPs For R1 : Mr.K.Gunasekar, CGSC For RR 2 & 4 : Mr.Abdul Saleem for M/s.Anand, Abdul & Vinodh Asso.

For R3 : Mr.S.Swaminathan for M/s.Span Associates For R5 : Mr.O.R.Santhanakrishnan For RR6 & 7 : Mr.V.Shanmugasundar Special Government Pleader COMMON ORDER These writ petitions are heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. It is stated by the learned counsel for the petitioners as well as the learned counsel for the respondents that the Writ Petition of the similar prayer in W.P.No.3818 of 2013 was closed by this Court on 23.10.2018 on the ground that the very notification had been withdrawn by the respondents and as such, no further adjudication was required.

3.

In view of the earlier order passed in W.P.No.3818 of 2013, these Writ Petitions are closed. No costs. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar asr/rsi To

1. The Secretary, Ministry of Petroleum and Natural Gas, Union of India, Sasthri Bhavan, New Delhi.

2. The Director (Marketing), Indian Oil Corporation Ltd., G-9, Ali Yuavar Jung Marg, Bandara East, Mumbai - 400 051.

3. The Chairman and Managing Director, Hindustan Petroleum Corporation Ltd., 17, Jamshed Ji Tatta Road, Mumbai-400 020.

4. The Chairman and Managing Director, Indian Oil Corporation Limited, Scope Complex, New Delhi - 110 003.

5. The Chairman and Managing Director, Bharat Petroleum Corporation Ltd., Bharat Bhavan, No.4&6, Currim Bhoy Road, Ballard Estate, P.B.No.688, Mumbai - 1.

6. The Secretary, Government of Tamil Nadu, Food, Civil Supplies and Consumer Protection Department, Fort St.George, Chennai - 600 009.

7. The Commissioner of Civil Supplies, Chepauk, Chennai - 600 005 W.P.Nos.2161 to 2164 of 2013 PVS(CO) GN(08/10/2020)