Visaka Indane Gas Agencies v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12119 of 2020 Visaka Indane Gas Agencies, Rep. By its Partner D.Sridhar, No.97-A, RVE Nagar, 3rd Street, Kangeyam Road, Tiruppur District, Tamilnadu 641 604.
...Petitioner
Vs.
1.The Chairman, Indian Oil Corporation Ltd., 3079/3, Josip Broz Tito Marg, Sadiq Nagar, Sector -3, New Delhi 110 049.
2.Senior Area Manager, Indian Oil Corporation Ltd., 8/1079, Avinashi Road, Coimbatore 641 018.
...Respondents
Prayer .:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the second respondent to realign the customers of petitioner agency and transfer the customers who are located within 15 Km radius starting from petitioner showroom at Mudalipalayam to petitioner agency and subsequently transfer the customers who are located above 15 km radius from the petitioner's showroom to their nearest agency within time frame manner based on the petitioner's representation dated 28.01.2020 that may be fixed by this Court.
For Petitioner :
Mr.Thambi For Respondents : Mr.Mohammed Fayaz Ali Page No. 1/4
O R D E R
This matter is taken up for hearing through Video Conferencing mode.
2. Mr.Mohammed Fayaz Ali, learned counsel takes notice for the respondent.
3. The petitioner seeks for a mandamus to direct the second respondent to realign the customers of petitioner agency and transfer the customers who are located within 15 Km radius starting from petitioner showroom at Mudalipalayam to petitioner agency and subsequently transfer the customers who are located above 15 km radius from the petitioner's showroom to their nearest agency within time frame manner based on his representation dated 28.01.2020.
4. The petitioner is LPG distributor. The grievance of the petitioner is that the respondents are allotting customers to the distributor beyond 15kms distance of the show room and therefore, it should be restricted within 15kms. Ventilating such grievance, the petitioner made representations on 21.12.2019 and 28.01.2020. Since those representations are not considered, the petitioner has filed the present writ petition.
5. This Court is not expressing any view on the merits of the claim made by the petitioner, as it is for the second respondent to consider the said representation and pass orders on the same on merits and in accordance with law. Thus, this Writ Petition is disposed of, by directing the second respondent to consider the representations of the petitioner dated 21.12.2019 and 28.01.2020 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi/vri Page No. 2/4
To 1.The Chairman, Indian Oil Corporation Ltd., 3079/3, Josip Broz Tito Marg, Sadiq Nagar, Sector -3, New Delhi 110 049.
2.Senior Area Manager, Indian Oil Corporation Ltd., 8/1079, Avinashi Road, Coimbatore 641 018.
W.P.No.12119 of 2020 aa20/10/2020 Page No. 3/4