P.Dhanya v. Indian Oil Corporation Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2023
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.6451 of 2023 P.Dhanya .. Petitioner Vs.
1.Indian Oil Corporation Limited, Indian Oil Bhavan, G-9, All Yavar Jung Marg, Bandra East, Mumbai- 400 051, Rep. by its Head of Divisional Office.
2.The Divisional Officer, Indian Oil Corporation Limited, Trichy Divisional Office, Triveni, 3rd Floor, Thillai Nagar, Tiruchirappalli - 620 018.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to award petroleum retail outlet dealership to the petitioner (application No.15434701041384) as per the declaration as successful candidate as informed in the letter Ref.No.15434701041384 dated 12.11.2019 on the file of the 1st respondent.
For Petitioner .. Mr.S.Doraiswamy For Respondents .. Mr.R.Sreedhar Senior Panel Counsel
ORDER
The writ petition has been filed in the nature of Mandamus, seeking a direction to the respondents, particularly to the second respondent/the Divisional Officer, Indian Oil Corporation Limited, Trichy Divisional Office, to award Petroleum retail outlet dealership to the petitioner, who had applied by an Application No.15434701041384.
2. The petitioner had been declared as a successful candidate, after the entire process of selection had been completed, by a letter Ref.No.15434701041384 dated 12.11.2019 by the first respondent.
3. In the affidavit filed in support of the writ petition, the petitioner had stated that the respondents/Indian Oil Corporation had issued a notification, which was uploaded in their website on 12.11.2019, calling for applications for grant of dealership to run the petroleum outlet at
Ariyankuppam and Thavalakuppam, Puducherry, under the open category. The petitioner was a Post Graduate and M.B.A degree holder. She was also an income tax assessee. She also owned lands suitable for establishing petroleum outlet in R.S.No.46/2 measuring about 15,000 Sq.ft. The said lands are situated in the National Highways Road, between Ariyankuppam and Thavalakuppam at Puducherry. She had applied for the dealership.
4. It is stated by the learned counsel for the petitioner Mr.S.Doraiswamy, that all the requisite compliances have been done. The respondents in fact wanted a legal opinion about the lands, and that was also given. Finally she was declared as the successful candidate. She also paid a sum of Rs.50,000/- and submitted all the documents and the documents were also verified by the respondents. All these happened on 12.11.2019. Still the dealership had not been awarded by the respondents.
5. The learned counsel who entered appearance on behalf of the respondents stated that there were some disputes with regard to the lands but however, stated that the second respondent would examine the entire file and pass orders.
6. A direction is issued that the second respondent must issue a notice to the petitioner herein for appearance at any time between 20.03.2023 and 24.03.2023 and if there are any further formalities to be completed by the petitioner herein, inform the petitioner about the same, and if the petitioner complies with the same, pass orders in accordance with the selection made by them on or before 20.04.2023. The order may be passed in accordance with the rules and regulation of the respondents.
7. The writ petition stands disposed of. No costs. 02.03.2023 Index:Yes/No ata
To 1.Indian Oil Corporation Limited, Indian Oil Bhavan, G-9, All Yavar Jung Marg, Bandra East, Mumbai- 400 051, Rep. by its Head of Divisional Office.
2.The Divisional Officer, Indian Oil Corporation Limited, Trichy Divisional Office, Triveni, 3rd Floor, Thillai Nagar, Tiruchirappalli - 620 018.
C.V.KARTHIKEYAN,J.
ata W.P.No.6451 of 2023 02.03.2023