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Madras High CourtWP/17723/2017disposed of

M/S.Dhakshina Bharat Gas v. Union Of India,

2017-11-06Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.17723 of 2017 and W.M.P.No.19219 of 2017 M/s. Dhakshina Bharat Gas Agency, rep. by tis Proprietor.

T.Sathiya No.26/ D/15, 2nd Cross Street, Kumbakonam road, Panruti, Cuddalore District.

.. Petitioner Vs.

1. Union of India, Rep. by its Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi- 110 001.

2. The Regional LPG Manager, Bharat Petroleum Corporation Limited, Regional Office No.1, Renganathan Garden, 11th Main Road, Anna Nagar, Chennai - 600 403.

3. The Territory Manager, Bharat Petroleum Corporation Limited, LPG Territory Plant, MGM TB Sanitorium (PO), Sengipatti, Tanjore - 613 402.

4. M/s.Radha gas Service, 8, Chetti Street, Panruti, Cuddalore - 607 106.

.. Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 3rd respondent in his proceedings TNJ: LPG: DAKSHINA dated 30.01.2017 and quash the same and consequently directing the 3rd respondent to effect the transfer of LPG refills/connections by following the viability norms fixed by the 1st respondent by its circulars dated 01.02.2002 & 11.04.2013.

For Petitioner : Mr.J.R.K.Bhavanantham For Respondents : Mr.S.Janarthanan, CGSC for R1 Mr.M.Vijayan for M/s. King & Patridge for R2 and R3 Mr.N.C.Ashok Kumar for R4

O R D E R

Learned counsel for the 3rd respondent, based on instructions, submitted that the 3rd respondent may be permitted to withdraw the impugned order dated 30.01.2017 with liberty to pass a fresh order.

2. Accordingly, the 3rd respondent is granted liberty to withdraw the impugned order and pass a fresh order on merits and in accordance with law. If any such order is passed, it is open to the affected parties to challenge the same in a manner known to law. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. vsi sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR To

1. The Secretary, Union of India, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi- 110 001.

2. The Regional LPG Manager, Bharat Petroleum Corporation Limited, Regional Office No.1, Renganathan Garden, 11th Main Road, Anna Nagar, Chennai - 600 403.

3. The Territory Manager, Bharat Petroleum Corporation Limited, LPG Territory Plant, MGM TB Sanitorium (PO), Sengipatti, Tanjore - 613 402.

+1 CC to Mr.JRK.BHAVANANTHAM, Advocate Sr.No. 78817 +1 CC to Mr.KING AND PARTRIDGE, Advocate Sr.No. 78565 +1 CC to Mr.S.JANARTHANAN , Advocate Sr.No.78836 +1 CC to Mr.N.C.ASHOK KUMAR , Advocate Sr.No. 78561 W.P.No.17723 of 2017 SS MLT 23/11/2017