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Madras High CourtWP/22863/2018dismissed

K.L.Kanakaraj,S/O.C.Loganathan v. Bharath Petroleum Corporation

2019-01-07Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.22863 of 2018 and WMP.Nos. 26704 and 26705 of 2018 K.L. Kanakaraj ..Petitioner vs 1.Bharat Petroleum Corporation Limited A Government of India Enterprise, Coimbatore LPG Plant, Post Box No. 1644, Peelamedu, Coimbatore-641 004.

Rep. By its Territory Manager.

2. The Manager Sales LPG, Bharat petroleum Corporation, Salem, Salem District.

3. T.Satish Kumar .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records pertaining to the issue of the orders in proceedings Bearing Ref:CBE:LPG:KUMARAPALAYAM dated 09.09.2016 in cancelling the petitioner's application for appointment of LPG distributorship for the Kumarapalayam location, Nammakkal District and the consequent order in proceedings No.

CBE:LPG:LOI:KUMARAPALAYAM (OPEN) dated 10.02.2017 in appointing the 3rd respondent as distributor for Kumarapalyam location duly issued by the Bharat Petroleum Corporation Limited, A Government of India Enterprise, Coimbatore LPG Plant, Post Box No. 1644, Peelamedu, Coimbatore -641 004., Rep. By its Territory Manager, the 1st respondent herein and quash the same.

For Petitioner : Mr. D. Ashok Kumar For Respondents : Mr. M. Vijayan (R1 & R2) for M/s.King and Patridge Mr.G. Arulmurugan (R3) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition is filed challenging the proceedings dated 09.09.2016 cancelling the application submitted by the petitioner for appointment of LPG distributorship for Kumarapalayam location and the subsequent order dated 10.02.2017 appointing the third respondent as distributor for Kumarapalayam location.

2. It is the case of the petitioner that he applied for LPG distributorship and originally he was selected and field verification was done. However, the same was rejected on the ground that though he claimed to have a closing balance of Rs.10,81,288/-, as per the bank statement, the petitioner had only a sum of Rs.7,62,097.45/-. He should have the closing balance of Rs.10,00,000/- on the last date of submission of application. Subsequently, the petitioner's appointment, as the distributor, was cancelled and the 3rd respondent was appointed and commencement order was also issued as the distributor. Therefore, the challenge to the same by the petitioner has become infructuous.

In view of the same, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar mrn/arr To 1.The Territory Manager, Bharat Petroleum Corporation Limited A Government of India Enterprise, Coimbatore LPG Plant, Post Box No. 1644, Peelamedu,Coimbatore-641 004.

2. The Manager Sales LPG, Bharat petroleum Corporation, Salem, Salem District.

+1cc to M/s.King and Patridge, Advocate SR.No. 1342 +1cc to Mr.G. Arulmurugan , Advocate SR.No. 1611 W.P.No.22863 of 2018 A.SK(07/02/2019) https://hcservices.ecourts.gov.in/hcservices/