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Madras High CourtWP/1116/2014disposed of

Mrs.V.Susila, v. The Cheif Area Manager,

2016-08-10Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.1116 of 2014 V.Susila .. Petitioner Vs.

1.The Chief Area Manager, Indian Oil Corporation Limited, No.500, Anna Salai, Chennai-600 018.

2.B.Swarnalatha .. Respondents The writ petition has been filed under Article 226 of the Constitution of India, praying for the issue of a writ of mandamus, directing the first respondent to consider the petitioner's representation, dated 23.8.2013 and reconstitute the "Balgan Traders" Gas Agency, Katpadi & Vellore, by changing the nature of Proprietrix into Partnership firm, by adding the petitioner, as one of the partners, having 1/4th share in the business, within the time stipulated by this Court. For Petitioner : Mr.V.Raghupathi For Respondents: Mr.Abdul Saleem for R-1 Mr.G.Vijayakumar for R-2

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels, appearing on behalf of the respondents.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 23.8.2013, and to reconstitute the "Balgan Traders" Gas Agency, Katpadi and Vellore, by changing the nature of the Proprietrix into the Partnership firm, by adding the petitioner, as one of the partners, having 1/4th share in the business, within the time stipulated by this Court.

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Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 23.08.2013, on merits and in accordance with law, within a specified period. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to dispose of the representation of the petitioner, dated 23.8.

2013, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to the second respondent and the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 23.8.2013, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

The writ petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vvk To The Chief Area Manager, Indian Oil Corporation Limited, No.500, Anna Salai, Chennai-600 018.

1 cc to M/s.Abdul Saleem, Advocate, sr.46319 1 cc to G.Vijayakumar, Advocate, sr.45836 1 cc to M/s.V.Raghupati, Advocate, sr.45665 W.P.No.1116 of 2014 ad co kra 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/