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Madras High CourtWP/6761/2015closed

S.Jayaraj, v. Union Of India,

2023-01-10Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & M.P.No.1 of 2015 S.Jayaraj ... Petitioner Vs 1.Union of India, Rep by it's Secretary to Government, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi.

2.The Executive Director Tamil Nadu State Office, Indian Oil Corporation Limited, No.1/39, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Regional LPG Manager, Bharat Petroleum Corporation Limited, No.1, Renganathan Garden of 11th Main Road, Anna Nagar West, Chennai 600 040.

4.The Chief Regional Manager, Hindustan Petroleum Corporation Limited, Petro Bhavanam, 3rd Floor, No.47 TTK Road,

Alwarpettai, Chennai - 600 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Declaration, declaring clause 6.(1)(iii) in the Brochure of Guidelines on the file of 1st respondent for selection of Regular LPG Distributors fixing the age restriction of 45 years for applying for the LPG distributorship, as unconstitutional, void and unenforceable in law. For Petitioner : No appearance For Respondents : Mr.R.Mohd.Imran [for R1] for Mr.P.R.Ramesh Babu, Senior Standing Counsel Mr.V.Anand Nataraj for R2 to R4.

O R D E R

The petitioner is called absent. The petitioner who was aged 48 years at the time of filing Writ Petition seeks a Writ of Declaration declaring clause 6(1)(iii) in the brochure of guidelines for selection of regular LPG distributors. The aforesaid clause imposes a restriction of 45 years for application for LPG distributorship.

2. Mr.V.Anand Nataraj, learned counsel who appears for R2 to R4 being the officials of the Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd., and Hindustan Petroleum Corporation Ltd., would submit that the restriction of 45 years has been removed by virtue of sub-clause 3 of clause 7.1 (A) of the guidelines that have been issued in the year 2016.

3. Thus, the grievance of the petitioner survives no longer and in fact, by the passage of the time 2016 guidelines, has been rendered infructuous.

4. Recording this, this Writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

mpl 10.01.2023 Index : Yes / No Speaking Order/Non-Speaking Order To 1.Union of India, Rep by it's Secretary to Government, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi.

2.The Executive Director Tamil Nadu State Office, Indian Oil Corporation Limited, No.1/39, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Regional LPG Manager, Bharat Petroleum Corporation Limited, No.1, Renganathan Garden of 11th Main Road, Anna Nagar West, Chennai 600 040.

4.The Chief Regional Manager, Hindustan Petroleum Corporation Limited, Petro Bhavanam, 3rd Floor, No.47 TTK Road, Alwarpettai, Chennai - 600 018.

Dr.ANITA SUMANTH, J.

mpl & M.P.No.1 of 2015 10.01.2023