Rajam Oil Company v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.19617 of 2014 and M.P.Nos. 1 and 2 of 2014 Rajam Oil Company, Represented by its Managing Partner, B.Suresh, S/o.A.Balakrishnan, Madukkarai Market, Coimbatore.

...Petitioner

Vs

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Revenue Officer, Coimbatore, Coimbatore District.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings Rc.No.608/2012 - P8, dated 16.02.2014 and quash the same and consequently direct the respondents to renew the petitioner's Kerosene license for further period.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.K.M.D.Muhilan Government Advocate [For R1 and R2]

O R D E R

The Order impugned dated 16.02.2014 passed by the District Collector, Coimbatore, reveals that the Wholesale license for supply of kerosene granted in favour of the petitioner was cancelled.

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2. In view of the fact that a Criminal case was registered against the petitioner by the Inspector of Police, CSCID, Coimbatore in Crime.No.35/2012. In view of the said Criminal case, the competent authorities invoked the provisions of the Tamil Nadu Kerosene (Regulation of Trade) Order 1973 and Essential Commodities Act 1955 and cancelled the license.

3. The appeal filed by the petitioner was also rejected. Already six and a half years lapsed, the case of the petitioner may be considered only after the disposal of the Criminal proceedings already initiated. If the Criminal proceedings are already completed and the petitioner is otherwise eligible in accordance with the provisions of the Act and Rules, he is at liberty to submit a fresh application in the manner prescribed.

4. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kak/nti To

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Revenue Officer, Coimbatore, Coimbatore District.

+1 cc to Mr.C.Prakasam, Advocate Sr.NO. 55640 +1 cc to Government Pleader Sr.NO. 55903 W.P.No.19617 of 2014 AJS(CO) A.SK(12.11.2021) https://hcservices.ecourts.gov.in/hcservices/