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Madras High CourtWP/2977/2012dismissed as infructuous

K.Praveen v. Indian Oil Corporation Ltd.,

2018-03-06Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.2977 of 2012 and M.P.No.1 of 2012 K.Praveen ... Petitioner Vs 1.Indian Oil Corporation Ltd., Rep by its Managing Director, No.139, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034.

2.Indian Oil Corporation Ltd., Rep by its Chief Area Manager, No.B-1/35, Shastri Road, "Thiruveni", 2nd Floor, Thillai Nagar, Trichy.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st and 2nd respondents not to entertain any application for RGGLV (Rajiv Gandhi Gramin LPG Vitrak) distributorship reserved for SC/ST category, pursuant to the notification published in one issue of Tamil Daily "Dhinakaran" dated 28.12.2011, in so far as S.No.98, Lappaigudikadu Village, Perambalur District, if the applicant has complied with all the formalities, basic eligibility criteria and purchase of land after the notification dated 28.12.2011.

For Petitioner : M/s.P.C.Harikumar and Associates For Respondents : Mr.R.Sreedhar

O R D E R

Heard Mr.P.C.Harikumar, learned counsel for the petitioner and Mr.R.Sreedhar, learned counsel appearing for the respondents.

2. The petitioner has approached this Court, seeking the following relief:- "To issue a Writ of Mandamus, to direct the 1st and 2nd respondents not to entertain any application for RGGLV (Rajiv Gandhi Gramin LPG Vitrak) distributorship reserved for SC/ST category, pursuant to the notification published in one issue of Tamil Daily "Dhinakaran" dated 28.12.2011, in so far as S.No.98, Lappaigudikadu Village, Perambalur District, if the applicant has complied with all the formalities, basic https://hcservices.ecourts.gov.in/hcservices/

eligibility criteria and purchase of land after the notification dated 28.12.2011."

3. The case of the petitioner is as follows:- When the writ petition is admitted, no interim order is granted by this Court. It appears that subsequently the respondents re-advertised on 29.05.2013, for the same location, notifying the same under open category instead of original SC/ST category. After selection, one Ms.Femitha Banu, was also given a letter of appointment on 16.11.2015 and the distributorship was also commissioned on 23.11.2015.

4. Narrating the above facts, memo has been filed on behalf of the first and second respondents and the same is taken on file by this Court.

5. In view of the subsequent development, this Court finds that the issue raised in the writ petition does not survive for any further consideration and therefore, the writ petition is dismissed as having become infructuous. It is also made clear that it is open to the petitioner to challenge the renotification and grant of distributorship to some third party, if he so advised. No costs. Consequently, connected miscellaneous petition is closed.

gsk Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To 1.The Managing Director, Indian Oil Corporation Ltd., No.139, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034.

2.The Chief Area Manager, Indian Oil Corporation Ltd., No.B-1/35, Shastri Road, "Thiruveni", 2nd Floor, Thillai Nagar, Trichy.

+1CC to Mr.R.Sreedhar, Advocate in SR.NO. 16967 +1CC to M.S.P.C.Harikumar, Adovate in SR.NO. 17221 W.P.No.2977 of 2012 MLT-26/03/2018 https://hcservices.ecourts.gov.in/hcservices/