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Madras High CourtWP/10879/2021dismissed

Mrs. S.Prathima v. The District Collector

2021-04-29Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2021

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.10879 of 2021 S.Prathima

...Petitioner

Vs

1. The District Collector, Kancheepuram, Kancheepuram District.

2. The Block Development Officer, (Village Panchayat), Kundrathur, Padappai, Kancheepuram District.

3. The Deputy General Manager (LPG Sales), Indian Oil Corporation, Marketing Division, Indane Area Office, 500, Anna Salai, Teynampet, Chennai 600 018

4. The General Manager, Indian Oil Corporation, Southern Region Office, "Indian Oil Bhavan", 139, Uthamar Gandhi Salai, Chenai 600 034.

5. N.Kuppan

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the second respondent to consider the representation of the petitioner dated 23.03.2021.

For Petitioner : Ms.S.Latha For Respondent-1 : Mr.Digvijayapandian Additional Government Pleader

For Respondent-2 : Ms.Bhuvaneswari, Government Advocate For Respondents 3 and 4 : Mr.Mohammed Fayaz Ali ****

ORDER

The Writ Petition is filed seeking a mandamus to direct the second respondent to consider the representation of the petitioner dated 23.03.2021.

2.

The representation of the petitioner dated 23.03.2021 specifically states that already the third respondent has given a distributorship in favour of one N.Kuppan/R5 herein. Challenging the same, the petitioner has filed a Writ Petition in W.P.No.11667 of 2020, which is pending before this Court and there is no interim order. Now, the present Writ Petition is filed, challenging the very same distributorship and to stop the consequential steps taken by the fifth respondent-Distributor in constructing the godown etc. When the petitioner has already filed a Writ Petition, challenging the appointment of the fifth respondent as distributor and that has been kept pending, she cannot maintain yet another Writ Petition for a mandamus, to dispose of her representation. Until the earlier Writ Petition is decided, the present Writ Petition cannot be ordered. 3.

Admittedly, there is no interim order in the earlier Writ Petition. However, if at all, the petitioner is aggrieved, it is open to her to move an appropriate application in the pending Writ Petition and get appropriate orders. 4.

With the above observation, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar srn To

1. The District Collector, Kancheepuram, Kancheepuram District.

2. The Block Development Officer, (Village Panchayat), Kundrathur, Padappai, Kancheepuram District.

3. The Deputy General Manager (LPG Sales), Indian Oil Corporation, Marketing Division, Indane Area Office, 500, Anna Salai, Teynampet, Chennai 600 018

4. The General Manager, Indian Oil Corporation, Southern Region Office, "Indian Oil Bhavan", 139, Uthamar Gandhi Salai, Chenai 600 034.

+1cc to the Government Pleader SR.26789 W.P.No.10879 of 2021 JPL(CO) CB(24/06/2021)