Sri Annapurani & Co., v. Indian Oil Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. Nos. 5570, 5229 and 5324 of 2018 and W.M.P. Nos. 6408, 6545 and 6896 of 2018 W.P. No. 5570 of 2018 1.Sri Annapurani & Co.
Represented by its Proprietor V. Nemirajaa 5/1, Arcot Road, Arni 632 301 Thiruvannamalai District.
2.Sri Krishna Agencies Represented by its Proprietrix Sarasu Narayanan NH 46, Krishnagiri- Ranipet Road Anpoondi Village Sathyamangalam Post Vellore 632 114.
3.G.P.R. Agency Represented by its Proprietor R. Magesh 9, Gandhi Road, Jothi Nagar Arakkonam 631 003.
4.Sri Ram Agencies Represented by its Proprietrix D. Visalakshi 150, Gandhi Road -3 Arakkonam 631 001.
5.Saratha Enterprises Represented by its Proprietor G. Sivakumar SH-54, Mathandakuppam Chittoor-Thiruttani Road Ponnai 632 520 Vellore District.
6.Preetham Agencies Represented by Proprietor D.Mohan Mukkundram Village Venkatapuram Post Gudiyatham Taluk Vellore District.
7.Balaji Diesel Virpanai Koodam Represented by its Proprietor S. Shanmugam Guruvarajapalayam Odugathur 632 107.
8.Ganapathy Agencies Represented by its Proprietor S.Karthikeyan 139, Bangalore Road Mullipalayam, Vellore 632 008.
9.Shri. J. K. Fuels Represented by its Proprietor K.Gopalakrishnan No.10, Arni Road Sanakapalayam Vellore 632 001.
10.Abhayakumar Enterprises Represented by its Proprietor P. Ashok Kumar Plot No. 62, M.B.T. Road SIPCOT, Ranipet 632 403 Vellore District.
11.Sri Dorairaj Agency Represented by its Proprietor D.Ravichandran S.No.36/2B, Sripuram Road Allapuram Thoraipadi, Vellore 632 002.
12.Arun Agencies Represented by its Partner M. Kumaresan 313, Vellore Road, Katpadi, Vellore-632 007.
13.Vinayaga Agencies, represented by its Partner K.T.A.R Jayakumar, Katpadi to Thiruvalam E.B. Koot Road, Thiruvalam 632 515, Katpadi Taluk, Vellore District 14.Sri Venkateswara Enterprises, represented by its Proprietor V.Ramprasath, 152, Katpadi Road, Viruthampet Vellore 632 006.
15.R.A.S. Agencies Represented by its Partner S. Vijayaraghavan 2/247, Ranipet Bye Pass Road Ranipet 632 513.
16.K.Hajee Mohamed Ilias Represented by its Proprietor K.Mohamed Asadullah
No.3/8, Kannigapuram M.C. Road, Ambur 635 802.
17.Sri Panjali Ammal Agency Rep by its proprietor SF No.101/1A1, Rasathupuram Melvisharam 632 509 Vellore District 18.Shree Kumaraan Agencies, Rep by its Partner V.Sarathi No.250/2, Odugathur Main Road Anaicut 632 101 Vellore District.
19.Babaria fuel agency Rep by its Proprietor Mitesh K.Babaria Through his Manager Rajendra Prasad Dobhal Thandalam Village Kumpinipet Arakkonam 631 003 Vellore District.
20.Jupiter Agencies Rep by its Partner P.Karunanidhi 123, M.B.T. Road, Muthukadai Ranipet 632 401 Vellore district.
21.Lakshmi Agencies Rep by its Proprietor G.A.Pratheep Beemanpatti Mekpatti Road Guidyatham 63 602.
22.J.V.Agencies Rep by its Proprietor J.Velayutham R.S.Road Parasuramanpatty Gudiyattam 635803 Vellore district.
23.A.P.L. Agencies, Rep by its proprietor P.Sundaram S.No. 259/1A Venkatapuram Bank Nagar Vellore 632009.
24.Sri Leela Vinothan Agency Rep by its Proprietor K.Leelavinothan N.H.234, Pernambut Road Nellorepet, Gudiyattam 632 602.
25.Sree Krishna Enterprises Rep by its Partner S.Balakrishna 11-A, Katpadi Road, Gudiyattam 632 602.
26.Sivagami Agencies Rep by its Proprietor D.Rajasekaran Chittoor gate, Gudiyattam 632 602.
27.Shri Balaji Agencies Rep by its Proprietor S.Narendran No.1, Sholinghur Road Ammoor 632 501, Vellore District.
28.Shree Nilaa and Co Rep by its Proprietor R.Padmapriya S.Nos. 74/2A, 59/2, Musiri Road T.K.Thangal Village Wallaja Taluk Vellore District- 632 513.
29.PNMN Enterprises Rep by its Proprietrix M.Devi Survey No.347, Vellore Road Ari 632 301, Thiruvannamalai District.
30.Rama Agencies Rep by its Proprietor B.Bhaskaran 3, Arni Road, Vandavasi 604 408.
31.Sri Ranganatha Fuels, Rep by its Proprietor R.Chandra Gopi No.113, Thimiri Road Kavanur 632 507 Arcot Taluk, Vellore District.
32.Bakghiyam Agencies, Rep by its Proprietor A.N.Murali Walaja Sholingar Road Chitathur Village 632 501, Vellore District.
33.Nethaji Agencies, Rep by its Proprietor S.N.Sivasubramanian Arakonam Ochari Road Panapakkam - 631 052.
34.Sri Lakshmi Chandra Sekara Service Station Rep by its Proprietor Krishnama Naidu S. No.108/9, Bazzar Street Athimanjeripet Pallipat Taluk Thiruvallur District 631 202 35.Shiva Sakthi Agencies, Rep by its Proprietor R.N.Anuradha Chittoor Road, K.G.Kandigai 631 206 Tiruttani Taluk, Thiruvallur District 36.Preethi Service Station, Rep by its Proprietrix S.Santhi Sholinghur Thiruttani Road R.K. Pet 631 303 Pallipet Taluk Thiruvallur District 37.Vetrivel Filling Station, Rep by its Proprietor B.Chitra Pallipat Chittoor Road Pallipat 631 207 Thiruvallur District.
...
Petitioners Vs.
1.Indian Oil Corporation Limited (Marketing Division) Represented by its Deputy General Manager 139, Nungambakkam High Road Chennai - 600 034.
2.The General Manager (Operations) Indian Oil Corporation Ltd. (M.D.) 139, Nungambakkam High Road Chennai - 600 034.
3.The Deputy General Manager (Retail Sales) Chennai Division Indian Oil Corporation Limited 550, Anna Salai Teynampet, Chennai - 600 018.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents herein and their officers from in any manner changing the loading location for the tank trucks of the Petitioner to any Terminal which does not have Top Loading facility.
For Petitioner : Mr. Kandan Duraisami For Respondents : Mr. Abdul Saleem (For R1 to R3)Standing Counsel W.P. No. 5229 of 2018 1.Rajkamal Agencies Represented by its Proprietor D. Kamalraj S.F. No.42/17-B, Thandarai Road Veraiyur 606 806, Thiruvannamalai Taluk.
2.Sri Senthur Murugan Agencies Represented by its Proprietor D. Kennedy Vellore Road, Vengikkal Thiruvannamalai 606 604.
3.Sami Agencies Represented by its Proprietor A. Gomathi S.F. No. 45/12, Kanji Road Kosalai Village Thiruvannamalai Taluk - 606 604.
4.Sona Agencies Represented by its Proprietor S. Vijayalakshmi 1256-A, Main Road, Vinnuvampattu Kalasapakkam 606 751, Polur Taluk Thiruvannamalai District.
5.Annapoorani Service Station Represented by its Partner N. Devarajan 54-D, Tindivanam Road Thiruvannamalai 606 601.
... Petitioners Vs.
1.Indian Oil Corporation Limited (Marketing Division) Represented by its Deputy General Manager 139, Nungambakkam High Road Chennai - 600 034.
2.The General Manager (Operations) Indian Oil Corporation Ltd. (M.D.) 139, Nungambakkam High Road Chennai - 600 034.
3.The Deputy General Manager (Retail Sales) Chennai Division Indian Oil Corporation Limited 550, Anna Salai Teynampet, Chennai - 600 018.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents herein and their officers from in any manner changing the loading location for the tank trucks of the Petitioner to any Terminal which does not have Top Loading facility.
For Petitioners: Mr. Kandan Duraisami For Respondents: Mr. Abdul Saleem (For R1 to R3) Standing Counsel W.P. No. 5324 of 2018 1.Flying Prince Filling Station Represented by its Partner D. Manam SH-18, Koratti, Tirupattur Vellore District 635 601.
2.Praghathi Agencies Represented by its Proprietor M. Dhakshanamoorthy S.F. No. 136/3-B, Thiruvannamalai-Kanchi Road Kanchi, Chengam Taluk Thiruvannamalai District.
3.Sri Krishna Agencies represented by its Proprietor P. Latha Arni- Polur Road, Kalambur 606 903 Polur Taluk, Thiruvannamalai District.
4.Jayeswary Agency represented by its Proprietor D.Chakravathy Sathanur Village 606 706 Thandrampet Taluk Thiruvannamalai District.
5.Raja Agencies represented by its Proprietor T.R. Hariharasridharan 2/2, Byepass Road, Pudur Vaniyambadi 635 751.
6.Achuthen Automobiles Represented by its Partner S.P. Thirumalai No. 75, Palanisamy Road
Tirupattur 635 601, Vellore District.
7.Sri Ranga Agencies Represented by its Partner S. Ravikumar 100 Krishnagiri Road, Tirupattur Vellore District - 635 601.
8.Mani Agencies Represented by its Proprietor D. Sathishkumar 78/C, R.C.S. Main Road Natarampalli 635 852, Vellore District.
9.J.M.S. Auto Service Represented by its Partner S. Thirugnaanam 597, Vaniyambadi Road Asiriyar Nagar Tirupattur 635 601 Vellore District.
10.Sri Sakthi Amman Agencies Represented by its Proprietor R. Venkatesaperumal S.No. 784/3, Salaipudhur, Kothur Post Nattarampalli Taluk, Vellore District 635 854. 11.Lakshmi Agencies Represented by its Partner J.Joseph Stephen Dass NH-66, Pondy-Bangalore Main Road Thukkapet, Chengam 606 709.
12.Hyder Fuels Represented by its Managing Partner K.Nifasa Anjum No.2/169-1, Kari Raman Vattam Kathari Village, Authurkuppam Post Natrampalli 635 852 Vellore District.
13.Neeraja Agencies represented by its Proprietor M. Ravichandran 170/2C, Main Road, Kandili 635 901 Vellore District.
... Petitioners Vs.
1.Indian Oil Corporation Limited (Marketing Division) Represented by its Deputy General Manager 139, Nungambakkam High Road Chennai - 600 034.
2.The General Manager (Operations) Indian Oil Corporation Ltd. (M.D.) 139, Nungambakkam High Road Chennai - 600 034.
3.The Deputy General Manager (Retail Sales) Chennai Division Indian Oil Corporation Limited 550, Anna Salai Teynampet, Chennai - 600 018.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents herein and their officers from in any manner changing the loading location for the tank trucks of the Petitioner to any Terminal which does not have Top Loading facility.
For Petitioner : Mr. Kandan Duraisami For Respondents : Mr. Abdul Saleem (For R1 to R3) Standing Counsel C O M M O N O R D E R These Writ Petitions have been filed to forbear the Respondents from changing the loading location for the tank trucks of the Petitioners to any Terminal which does not have Top Loading facility.
2.
It was informed by the Learned Standing Counsel appearing for the Respondents during the earlier hearings that the representations made by the Petitioners before filing of the Writ Petitions were under consideration by the Board of Directors of the Respondents. Today, it is informed that those representations have been considered and disposed by the orders dated 20.08.2019 and copy of the same has been produced. The Learned Counsel appearing for the Petitioners has also acknowledged its receipt.
3.
In view of the aforesaid subsequent developments, the Learned Counsel for the Petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to challenge the orders dated 20.08.2019, if the Petitioners are still aggrieved, before the appropriate forum and he has made an endorsement to that effect, which is recorded.
4.
Accordingly, these Writ Petitions are dismissed as withdrawn, granting such liberty. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar maya/gsa To 1.Indian Oil Corporation Limited (Marketing Division) Represented by its Deputy General Manager 139, Nungambakkam High Road Chennai - 600 034.
2.The General Manager (Operations) Indian Oil Corporation Ltd. (M.D.) 139, Nungambakkam High Road Chennai - 600 034.
3.The Deputy General Manager (Retail Sales) Chennai Division Indian Oil Corporation Limited 550, Anna Salai Teynampet, Chennai - 600 018.
+3cc to Mr.Muthumani Duraisami Advocate, S.R.No.75093 NMI(CO) CB(24/09/2019) W.P. Nos. 5570, 5229 & 5324 of 2018