← Library
Madras High CourtWP/8784/2015dismissed as infructuous

V.Renuka v. The Senior Regional Manager

2022-02-07Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.8784 OF 2015 & M.P.NOS.1 AND 2 OF 2015 V.Renuka ... Petitioner Vs.

1.Senior Regional Manager Hindustan Petroleum Corporation Limited Coimbatore Retail RO 'HP House'

18/3, Big Bazaar Street, Coimbatore-641 001 2.M.Bhuvaneshwari ... Respondents PRAYER:

The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent made in his proceedings in order Ref.No.CBERO/BCT/KVN/RET dated 06.03.2015 and quash the same and consequently direct the 1st respondent to issue the letter of intend for retail outlet dealership for the location K.R.Thoppur to Tharamangalam, Salem District, Sl.No.207 as per its advertisement dated 16.09.2011 in favour of the petitioner forthwith within the time frame fixed by this Court.

For Petitioner : Ms.Kaaviya Silambannan For M/s.Profexs Associates For Respondents : Mr.M.Vijayan for R1 For King & Partridge Mr.R.Marudachalamurthy for R2

O R D E R

On 16.09.2011, the 1st respondent Corporation has issued a notification for selecting dealers of Petroleum retail outlet. The petitioner was awarded highest mark and stood as first candidate to be allotted the Petroleum retail outlet. While the matter stood thus, the 2nd respondent challenged the selection by way of Writ Petition in W.P.No.14098 of 2012 and this Court by order dated 29.11.2012 directed the 1st respondent to consider the representation of the 2nd respondent and pass appropriate orders. While the matter stood thus, Central Government has reviewed their policy in awarding marks system and allotment of retail outlet was made as per the drawing of lot. The 1st respondent started following that procedure. However, in respect of the retail outlet which was called for by notification dated 16.09.

2011, the 1st respondent has abandoned the project. Thus, the selection was cancelled by the 1st respondent. The factum of cancellation of the re-interview was communicated by the 1st respondent in Ref.No.CBERO/BCT/KVN/RET dated 06.03.2015. The said letter has been challenged by the petitioner in this Writ petition.

2. As of today, the notification and the allotment of dealership petroleum outlet has been withdrawn by the 1st respondent. Even the reinterview, if conducted as demanded by the petitioner, it will not serve any purpose as there is no retail outlet to be allotted to that area. Neither the petitioner nor the 2nd respondent would be getting any retail outlet from the 1st respondent. Therefore, nothing survives for adjudication in this Writ petition. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To The Senior Regional Manager Hindustan Petroleum Corporation Limited Coimbatore Retail RO 'HP House'

18/3, Big Bazaar Street, Coimbatoer-641 001.

+1cc to M/s.King & Partridge, Advocate, S.R.No.7758 +1cc to Mr.R.Marudachalamurthy, Advocate, S.R.No.7815 W.P.No.8784 of 2015 & M.P.Nos.1 and 2 of 2015 AJB(CO) PM/16/02/2022