K.Vijayakumar v. Indian Oil Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P. No. 35273 of 2013 & Mp.Nos.1/2013 & 1/2015 K.Vijayakumar

...Petitioner

Vs.

1. Indian Oil Corporation, Rep by its Senior Area Manager, Indane Area Office, B-35, Shastry Road, Tillai Nagar, Trichy - 600 018.

2. R. Rathina Kumar

...Respondents

PRAYER:

This petition is filed under Article 226 of the Constitution of India praying to issue a writ declaring the Draw conducted on 12.12.2013 with respect to the advertised serial No. 61 calling for dealer in Anumandhai/Konimedu Village violating the Rule 3(b) and 8 of the terms and condition of the appointment of dealers advertised by the first respondent along with two other oil companies dated 29.05.2013 as illegal, null and void and to direct the first respondent to call for re draw adhering to the rules 3 and 8.

For Petitioner : Mr.K.Sabapathy, For Respondent No. 1 : Mr.Mohammed Fayaz Ali,

ORDER

By consent of both the parties, the writ petition is taken up for hearing today.

2. The writ petition has been filed on the premise that contrary to the conditions imposed in the LPG distribution conditions, a person does not hailing from the locality has been given the dealership.

3. The learned counsel appearing for the respondent No. 1/Indian Oil Corporation, submitted that a decision has been https://hcservices.ecourts.gov.in/hcservices/

made to conduct redraw as per the ruling and regulation. It is also to be seen that no right has been accrued by the respondent No. 2 as of now.

4. In such view of the matter, the very basis upon which the writ petition is filed does not survive. Accordingly, the writ petition stands closed giving liberty to the respondent No. 1/Corporation to proceed afresh by conducting a redraw as per the procedure. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR rms To The Senior Area Manager, Indian Oil Corporation, Indane Area Office, B-35, Shastry Road, Tillai Nagar, Trichy - 600 018.

+1 CC to MR.Mohammed Fayaz Ali Advocate. SR.NO. 66214 W.P.No. 35273 of 2013 CO-MSM JD 22/12/2015 https://hcservices.ecourts.gov.in/hcservices/