S.Nasir Ahmed v. The Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 12128 of 2019 S. Nasir Ahmed ... Petitioner -vs1. The Manager, Indian Oil Corporation Ltd., Indian Oil Bhavan, No. 139, Mahatma Gandhi Salai, Nungambakkam, Chennai - 600 034.
2. The Manager, Indian Oil Corporation Ltd., Indane Area Office, No. 8/1079, Avinashi Road, Coimbatore - 641 018.
3. The Retail Manager (Retail Sales), Indian Oil Corporation Ltd., Salem Divisional Office, No. 234, I Floor, NH 7, Bangalore Bypass Road, Kondalampatti, Salem.
4. Mr. Javed Ahmed Zubear ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to consider and pass suitable orders on the objection of the Petitioner dated 05.03.2019 followed by remainder dated 20.03.2019, before allotment of Petrol Bulk Retail Sales Station in Survey No. 52/1C, 52/1A1A, 52/6, 173/1, 174/1, 107/1A2A, 42/2 as per the Sub Division Survey No. 42/2B1A at Kattiganapalli Village, Krishnagiri District pursuant to the notification issued in the month of November 2018 for establishing Petrol Bunk within 3 kms Radius from Krishnagiri to Royakottai Road.
For Petitioner :
Mr. S. Marshall For Respondents :
Mr. Mohammed Fayaz Ali, Standing Counsel (for R1 to R3) No appearance for R4.
O R D E R
The Writ Petition has been filed for a direction to the First Respondent to consider and pass suitable orders on the objection dated 05.03.2019 followed by reminder dated 20.03.2019 made by the Petitioner for allotment of Petrol Bulk Retail Sales Station in Survey Nos. 52/1C, 52/1A1A, 52/6, 173/1, 174/1, 107/1A2A, 42/2 as per the Sub Division Survey No. 42/2B1A at Kattiganapalli Village, Krishnagiri District pursuant to the notification issued in the month of November 2018 for establishing Petrol Bunk within 3 kilometers radius from Krishnagiri to Royakottai Road.
2.
The Third Respondent had filed Counter Affidavit dated 07.06.2019 contending that the entire tender process had been stayed by the interim order dated 19.02.2019 in W.P. (MD) No. 3678 of 2019 passed by the Division Bench of the Madurai Bench of this Court in a Public Interest Litigation relating to environmental issues. It was further contended that the Petitioner had not remitted a sum of Rs.5,000/- required for processing the complaint as per clause 24 of the Grievance Redressal System for considering his objections in the representation dated 05.03.2019 made by the Petitioner. 3.
Learned Counsel for the Petitioner submits that the requisite amount of Rs.5,000/- towards the fees for processing his complaint has been paid to the First to Third Respondents under acknowledgment, which has been produced. 4.
In view of the aforesaid submissions made, the First to Third Respondents shall proceed to consider each of the objections raised by the Petitioner in his representation dated 05.03.2019 after issuing notices to the concerned parties and after affording full opportunity of personal hearing to them, pass reasoned orders on merits and in accordance with law and communicate the decision taken to them by 31.12.2019, subject to the result of the Writ Petition in W.P. (MD) No. 3678 of 2019 before the Madurai Bench of this Court.
5.
The Writ Petition is disposed on the aforesaid terms. No costs.
Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar vjt To
1. The Manager, Indian Oil Corporation Ltd., Indian Oil Bhavan, No. 139, Mahatma Gandhi Salai, Nungambakkam, Chennai - 600 034.
2. The Manager, Indian Oil Corporation Ltd., Indane Area Office, No. 8/1079, Avinashi Road, Coimbatore - 641 018.
3. The Retail Manager (Retail Sales), Indian Oil Corporation Ltd., Salem Divisional Office, No. 234, I Floor, NH 7, Bangalore Bypass Road, Kondalampatti, Salem.
+1 cc to Mr.Mohammed Fayaz Ali, Advocate, S.R.No.83547 +1 cc to M/s.S.Marshal, Advocate, S.R.No.83914 W.P. No. 12128 of 2019 RSV(CO) SSM(09/10/2019)