G.Padmapriya v. The Chief Area Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.281 of 2016 and W.M.P.Nos.171 to 173 of 2016 G.Padmapriya

...Petitioner

Vs

1. The Chief Area Manager, Indian Oil Corporation Limited, Indane Area Office, No.500, Anna Salai, Teynampet, Chennai - 600 018.

2. The Tahsildar, Chengam Taluk, Chengam, Tiruvannamalai District.

3. AnandKumar

4. The District Collector, Thiruvannamalai District, Thiruvannamalai.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 4th respondent in his proceedings Rc.J2/32042/2012, dated 15.10.2012 and quash the same.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Ravi (for R1) Mr.K.M.D.Muhilan Government Advocate (for R2 and R4)

ORDER

The order impugned dated 15.10.2012, canceling the residential certificate is under challenge in the present writ petition.

2. The learned counsel for the first respondent made a submission that based on the cancellation order passed by the revenue authorities, the first respondent reallotted the distributorship in favour of the third respondent, with effect from 03.03.2017 and the third respondent is holding the distributorship.

3. As far as the petitioner is concerned the second respondent Tahsildar, Chengam Taluk, filed a counter affidavit stating as follows:

In the meantime, the petitioner managed to obtain Nativity Certificate dated 25.01.2012 issued by the 2nd respondent certifying that she is resident of Pudupalayam Village, Chengam Taluk, on the basis of Ration Card No.575-06/G/0449429 issued to sekar. The Nativity Certificate was issued prior to the findings of the District Supply Officer's Enquiry Report dated 04.10.2010. In view of the subsequent cancellation of the Ration Card No.575 -06/G/0449429 issued to Sekar, the Nativity Certificate issued to the petitioner on 25.01.2012 by the second respondent also stands cancelled. Hence, the petitioner is not entitled to claim any benefit on the basis of the Nativity Certificate dated 25.01.2012.

4. In view of the fact that the residence certificate issued in favour of the petitioner was cancelled and subsequently, the distributorship was allotted in favour of the third respondent, who is running the same for the past about three and a half years, there is no other reason whatsoever to interfere with the order impugned. If at all, the petitioner has got any other grievance, it is left open to the petitioner, to approach the competent authority. Accordingly, the writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar nti/ars

To

1. The Chief Area Manager, Indian Oil Corporation Limited, Indane Area Office, No.500, Anna Salai, Teynampet, Chennai - 600 018.

2. The Tahsildar, Chengam Taluk, Chengam, Tiruvannamalai District.

3. The District Collector, Thiruvannamalai District, Thiruvannamalai.

+1cc to the Government Pleader, S.R.No.53173 W.P.No.281 of 2016 JP-II[co] NSK 02/11/2021