Mr.R.Jayakumar, v. The Regional Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.6684 of 2018 and WMP.Nos.8311 & 8312 of 2018 R.Jayakumar S/o.Ramasamy ... Petitioner vs.

1.

The Regional Manager Hindustan Petroleum Corporation Limited Regional office HP-House, No.18/3, Big Bazaar Street, Coimbatore - 641 001.

2.

The Joint Director of Explosives Shastri Bhavan Haddows Road, Nungambakkam, Chennai-600 034.

3.

R.Loganathan S/o.Ramalingam ..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to the AnnexureAE1, being the Declaration of Results for single Eligible Candidate dated 22.08.2016, for the Application Form No.299/2, for the RO Dealership in Velampalayam on Muthur - Kangeyam Road (SH-189) for the Retail Outlet Dealership under the first respondent and quash the same and consequently, forbear the first respondent or his subordinates of agents or any one claiming the first respondent from permitting the establishment of the Retail Outlet Dealership by the third respondent and thereby direct the first respondent to conduct the process of allotment of the Retail Outlet Dealership by calling for the fresh applications.

For Petitioner : Mr.P.Srinivas For Respondents : Mr.Vijayan for R1 & R2 Mr.M.R.Thangavel for R3

O R D E R

The petitioner seeks to challenge the declaration of the eligible candidate for the RO Dealership in Velampalayam on Muthur - Kangeyam Road. Consequently, the petitioner seeks to forbear the first respondent from permitting the establishment of the Retail Outlet Dealership by the third respondent.

2. Heard Mr.P.Srinivas, learned counsel for the petitioner, Mr.Vijayan, learned counsel, who takes notice for the respondents 1 and 2 and Mr.M.R.Thangavel, learned counsel, who takes notice for the third respondent Corporation.

3. Though this writ petition is filed by raising very many grounds against the selection of the third respondent, this Court, is not inclined to go into the same and express any view on the simple reason that the petitioner, admittedly, not being one of the candidates in respect of such dealership, is not entitled to file the present writ petition and challenge the selection of the third respondent, as he does not have locus standi to maintain the present writ petition. Even, otherwise it is brought to the notice of this Court that an unsuccessful candidate, by name S.Jeganathan, has already filed a writ petition before this Court in WP.No.4624 of 2017, challenging the very same selection and the same was subsequently dismissed as withdrawn on 22.11.2017.

When such being the factual position, this Court is not inclined to entertain the present writ petition. Accordingly, this writ petition is dismissed as not maintainable, at the instance of the petitioner. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar mk To 1.

The Regional Manager Hindustan Petroleum Corporation Limited Regional office HP-House, No.18/3, Big Bazaar Street, Coimbatore - 641 001.

2.

The Joint Director of Explosives Shastri Bhavan Haddows Road, Nungambakkam, Chennai-600 034.

+ 1 cc to Mr.P.Srinivas Advocate,SR.23077 + 1 cc to M/s.C.Anbu, Advocate,SR.22123 + 1 cc to M/s.King & Partridge, Advocate,SR.22900 W.P.No.6684 of 2018 VGII(CO) NR 11/04/2018