P.Kumar, v. The Regional Office,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.32475 of 2017 & W.M.P.Nos.35792 & 35793 of 2017 & 33835 of 2018 P.Kumar ... Petitioner ... Vs ...

1. The Regional Office, Represented by its General Manager, 139, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Division of Retail Sale Represented by its Manager, Indian Oil Corporation Limited, "Triveni, Third Floor, B-351 Sastri Road, Thillai Nagar, Trichy.

3. Amudha

...Respondents

Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus to call for the records pertaining in Order dated 30.03.2017 passed by the first respondent in favour of the third respondent for retail outlet dealership situated Marudur 1/4

- Kriyampatti Village [Jayamkondan Senthurai Salai SH 217, Ariyalur and further direct the first and second respondents to conduct a fresh draw by calling for fresh notification.

For Petitioner : Mr.P.Tamilavel For Respondents : Mr.Abdul Saleem - R1 & R2 Mr.R.Silambarasan - R3

ORDER

This Writ Petition has been filed to quash the Order dated 30.03.2017 passed by the first respondent in favour of the third respondent for retail outlet dealership and further direct the first and second respondents to conduct a fresh draw by calling for fresh notification.

2. It is the contention of the petitioner that the retail outlet application has been called for and the petitioner and the third respondent have applied for the same. The panel of the second respondent after discussion decided for drawing lot on 30.03.2017 in the office of the second respondent. The main grievance of the petitioner is that while the drawing lot, the name of the third respondent has been written for easy visibility and accordingly, 2/4

the third respondent has been selected and the same is disputed by the petitioner in this Writ Petition.

3. The allegation of the petitioner that the name of the third respondent was written in such a way that it can been easily seen at the time of drawing lot cannot be gone into in this Writ Petition as the same is disputed fact which requires evidence and its appreciation.

4. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 28.09.2022 vrc To,

1. The Regional Office, Represented by its General Manager, 139, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Division of Retail Sale Represented by its Manager, Indian Oil Corporation Limited, "Triveni, Third Floor, B-351 Sastri Road, Thillai Nagar, Trichy.

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N.SATHISH KUMAR, J.

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