Executive Director v. T.Manimala
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN in 1.Executive Director (Tamilnadu & Pondicherry) Indian Oil Corporation Ltd., (Marketing Division), Indian Oil Bhavan No.139, Mahatma Gandhi Road Nungambakkam High Road, Chennai - 600 034.
2.Indian Oil Corporation Ltd., (Marketing Division) Rep.by The Chief Divisional Retail Sales Manager 234, 1st Floor, NHI-7 Salem-Banglore Bye-Pass Road Kondalampatti, Salem - 636 010.
3.Indian Oil Corporation Ltd., (Marketing Division) Rep.by The Deputy General Manager, (Retail Sales) 234, 1st Floor, NHI-7 Salem - Bangalore Bye-Pass Road, Kondalampatti, Salem - 636 010.
...Applicant/Respondents Vs.
1.T.Manimala
...Respondent/Petitioner
2.S.Gopalakrishnan
...Respondent/4th Respondent
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Prayer:Revision Application filed under Order 47 Rule 1 of the Civil Procedure Code, 1908 read with Section 114 of Code of Civil Procedure,1908 to review order dated 20.10.2022 made in W.P.No.11632 of 2018. For Applicants : Mr.Mohammed Fayaz Ali For Respondents : Mr.P.Mani
JUDGMENT
This Review Application has been filed to pass an Order of Review of the Order dated 20.10.2022 in W.P.No.11632 of 2018.
2. The submission of the learned counsel for the review applicants/respondents in W.P.No.11632 of 2018 namely Indian Oil Corporation Limited is accepted as the respondents/writ petitioners cannot be conferred the right to be a dealer to the exclusion of other applicants who had participated in the selection process.
3. The mistake in the Order has occurred on account of the defective drafting of the prayer perhaps with a view to exclude the other applicants who have applied dealership with the review applicants/respondents.
4. Therefore the last Paragraph is modified as under:- Page No. 2 of 4
Before Modification in After Modification in
10. This writ petition stands allowed with the above observations. No Costs.
Consequently, connected miscellaneous petition is closed.
10. This writ petition stands allowed by quashing the letter of selection dated 15.03.2017 issued by the second respondent for the Award of KSK RO dealership. The respondents shall proceed with scrutinizing the applications of the respective applicants who had applied for dealership on merits to select one of them. No Costs.
Consequently, connected miscellaneous petitions are closed.
5. This Review Application, is thus, allowed.
6. Registry is directed to issue a fresh order copy in W.P.No.11632 of 2018.
24.10.2024 (2/2) Index : Yes/No Order/Non-Speaking Order nst C.SARAVANAN, J.
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nst in 24.10.2024 (2/2) Page No. 4 of 4