M.Hariharan, S/O.Murugesh v. The Chief Regional Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.33054 of 2017 and WMP.Nos.36438 & 36439 of 2017 M.Hariharan S/o.Murugesh ... Petitioner versus 1.
The Chief Regional Manager LPG Regional Officer Kochi Regional Office Hindustan Petroleum Corporation Limited Kochi 682 309.
2.
Deenadayal Sundararaj S/o.Sundararaj
...Respondents
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the list applicants selected in draw for appointment of LPG Distributorship, released in the official website of the 1st respondent under Reference No.Nil dated Nil, insofar as selection of the 2nd respondent alone is concerned and quash the same and consequently, direct the 1st respondent to conduct a fresh draw with eligible applicants for appointment of LPG distributorship to Velliangadu Grama Panchayat, Mettupalayam Taluk, Coimbatore District.
For Petitioner : Mr.N.Anand Venkatesh For Respondents : Mr.M.Vijayan for R1
O R D E R
Mr.M.Vijayan, learned counsel takes notice for the first respondent. Since this writ petition is disposed of without affecting the interest of the second respondent in any manner, notice to the said respondent is dispensed with.
2. The petitioner is aggrieved against the selection of the second respondent as LPG Distributor to Velliangadu Grama
Panchayat, Mettupalayam Taluk, Coimbatore District. According to the petitioner, the second respondent is not qualified as per the terms and conditions and therefore, his selection has to be set aside and consequently, the petitioner has to be selected.
3. Though the present writ petition is filed challenging the selection of the second respondent, by raising very many grounds, Mr.N.Anand Venkatesh, learned counsel for the petitioner fairly submitted that there is a mechanism provided under the guidelines issued by the first respondent Corporation, more particularly, in Clause 27 of such Regulations entitling the affected party to file the grievance / complaint before the competent authority and accordingly, the petitioner has also submitted his complaint to the Chief Regional Manager, LPG Regional Office, Kochi Regional Office, Hindustan Petroleum Corporation Ltd., Kochi on 01.12.2017 with necessary fee. Therefore, he submitted that the said authority viz., the first respondent herein may be directed to consider the grievance of the petitioner and pass orders on the same on merits, after hearing both the parties viz., the petitioner and the second respondent.
4. The learned counsel for the first respondent submitted that the complaint made by the petitioner will be considered in accordance with the guidelines issued already, within the time stipulated by this Court.
5. As the petitioner has already approached the first respondent, by way of making objection through the grievance redressal mechanism and admittedly, the said complaint is still pending before the first respondent, without expressing any view on the merits of the claim made by the petitioner, I only direct the first respondent to consider the grievance of the petitioner and pass orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the second respondent. The whole exercise shall be done by the first respondent, within a period of 30 days from the date of receipt of a copy of this order. Till an order is passed by the first respondent, all the parties are directed to maintain status quo as on today.
No costs.
Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk
To The Chief Regional Manager LPG Regional Officer Kochi Regional Office Hindustan Petroleum Corporation Limited Kochi 682 309.
+1cc to Ms.King & Partridge, Advocate, S.R.No.90444 +1cc to Mr.N.Anand Venkatesh, Advocate, S.R.No.90398 W.P.No.33054 of 2017 SSD(CO) RRK(03/01/2018)