M/S.Sakthi Fuels v. The Deputy General Manager(Rs)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE AND C.M.P.Nos.12417 & 12419 of 2022 M/s.Sakthi Fuels Indian Oil Dealer Rep. by its Partner Ramakrishna Road Salem 636 007 .. Appellant Vs.

1.The Deputy General Manager (RS) Indian Oil Corporation Limited Marketing Division Salem Divisional Office No.234, 1st Floor, NH-7 Salem Bangalore Bye-pass Road Kondalampatti, Salem 636 010 2.The Chairman & Managing Director Indian Oil Corporation Limited Indian Oil Bhavan Regd. Office G/9, Ali Yavar Jung Marg Bandara (East), Mumbai 400 051 3.T.Palanikumar, DGM (RS) Indian Oil Corporation Limited Salem Divisional Office No.234, 1st Floor, NH-7 Salem Bangalore Bye-pass Road Kondalampatti, Salem 636 010 .. Respondents 1/4

Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order dated 06.04.2022 passed by the learned Single Judge in W.P.No.25601 of 2018.

For Appellant : Mr.S.Prabakar Senior Counsel for Mr.M.R.Jothimanian For RR1 and R2 : Mr.Abdul Saleem Senior Counsel Assisted by Mr.M.Vijaya Mehanath For R3 : No appearance

J U D G M E N T

(Delivered by S.S.SUNDAR, J.) This writ appeal is directed against the order dated 06.04.2022 passed by the learned Single Judge in W.P.No.25601 of 2018, dismissing the writ petition filed by the appellant challenging the show cause notice dated 19.09.2018.

2. The appellant, who is a retail outlet dealer of petroleum products of the respondents Oil Corporation, was issued with a show cause notice alleging certain violations by the respondents Oil Corporation on 11.04.2018 and the appellant submitted its reply. Thereafter, another notice dated 19.09.2018 impugned in the writ petition was issued to the appellant, alleging that it has violated Regulation 8(6) of the guidelines giving a personal hearing to the 2/4

appellant. The learned Single Judge dismissed the writ petition holding that the impugned notice was issued to the appellant for personal hearing and the appellant cannot have any grievance over the same, challenging which, this writ appeal is preferred.

3. The only contention raised by the appellant is that there is predetermination and the order impugned viz., the show cause notice suffers from mala fides. This Court is unable to accept this contention.

4. It is the case of the appellant that for the violations pointed out in the first show cause notice, the respondents Oil Corporation could only suspend the license for a period of 15 days. It is not in dispute that the show cause notice was issued pointing out that there was stock variation in the quantity of fuel in the tanks. Therefore, this Court finds no reason to interfere with the order of the learned Single Judge and this writ appeal stands dismissed. It is open to the appellant to raise all its contentions before the authorities. No costs. Connected C.M.P.s are closed.

[S.S.S.R.,J.] [A.D.M.C., J.] 25.10.2024 Index : Yes/No 3/4

gya S.S.SUNDAR, J.

AND A.D.MARIA CLETE, J.

gya 25.10.2024 4/4