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Madras High CourtWP/14566/2017disposed of

Arul & Co v. The Government Of Tamil Nadu

2017-06-12Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.14566 of 2017 and W.M.P.No.15790 of 2017 Arul & Co IOCL Wholesale Kerosene Dealer rep by Partner M.Rajaram Having Office at No.73 Natarajapuram, Namakkal- 637 001 ..Petitioner Vs 1 The Government of Tamil Nadu rep by Secretary Food, Co Operation and Consumer Protection Department Fort St George Chennai-09 2 The Commissioner of Civil Supplies Chepauk Chennai-05 3 The District Collector Namakkal District 4 The District Revenue Officer Namakkal District 5 Indian Oil Corporation Ltd Marketing Division Southern Region Indian Oil Bhavan 139 Mahatma Gandhi Rd (Nungambakkam High Road) Chennai-34 ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the 1st to 4th Respondents to allot kerosene to the Petitioner not less than 30.4% of the District allocation meant for IOCL from June 2017 continuously.

For Petitioner : Mr.K.Raja For Respondents : Mr.A.N.Thambidurai, SGP

ORDER

Mr.A.N.Thambidurai, learned Special Government Pleader, takes notice for the respondents.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the respondents 1 to 4 to allot kerosene to them not less than 30.4% of the District allocation meant for IOCL from June 2017 continuously.

4. The learned counsel appearing for the petitioner submitted that it would be suffice to direct the 2nd respondent to consider the petitioner's representation dated 02.06.2017 in accordance with law, within a time frame.

5. Mr.A.N.Thambidurai, learned Special Government Pleader, appearing for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's representation in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer now sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 02.06.2017 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above observation, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government Food, Co Operation and Consumer Protection Department The Government of Tamil Nadu Fort St George Chennai-09 2.The Commissioner of Civil Supplies Chepauk Chennai-05 3.The District Collector Namakkal District 4.The District Revenue Officer Namakkal District 5.Indian Oil Corporation Ltd Marketing Division Southern Region Indian Oil Bhavan 139 Mahatma Gandhi Rd (Nungambakkam High Road) Chennai-34 +1 CC to Ms. K. Raja, Advocate sr 41603 +1 CC to Govt. Pleader sr 42111 W.P.No.14566 of 2017 NR(CO) sp/16/6