M/S.Triloks Gas Service v. M/S.Indian Oil Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.10.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.31310 of 2024 M/s.Triloks Gas Service, Rep. By its Proprietor Ganesh Sarin, Old No.16, New No.20, Govindarajapuram II Street, Adyar, Chennai-20.
... Petitioner Vs.
M/s.Indian Oil Corporation Ltd., Rep. By its Chief General Manager, LPG Sales, Marketing Division, Southern Region, Indian Oil Bhavan, 139, Uthamar Gandhi Salai, Chennai-34.
....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the order of the respondent dated 23.04.2024 in Ref. no.TNS/L/TRILOK and quash the same. For Petitioners : Mr.k.Selvaraj For Respondents : Mr.Mohammed Fayaz Ali
ORDER
The writ petitioner seeks a direction to the order of the respondent dated 23.04.2024 in Ref. no.TNS/L/TRILOK by suspending the distributionship of the petitioner.
2. It is the case of the petitioners that the petitioners mother was given the LPG Distributorship. On 11.12.2017 the petitioner has been granted indane LPG
distributorship by the respondent for the area of Adyar, Chennai. , for which, a lease deed was executed in favour of the petitioner for a godown and the said lease was also handed over to the respondent corporation. In the year 2023, the respondent corporation required a registered lease agreement for the godown premises. On 16.05.2023, the petitioner has obtained a registered lease agreement from the subsequent purchaser of the property and the same was register. On 30.01.2024, the building owner required the proprietor of the petitioner to come to the office of the Sub Registrar to execute a new lease agreement for the purpose of enhancing the rent and believing the same, he went to the office of the Sub Registrar and signed an agreement. On 01.04.
2024, the respondent issued a show cause notice stating that the lease agreement of the godown has been cancelled without their knowledge, for which, the petitioner stated that he will get a new lease agreement fro the very same premises. However, without considering the same, the respondent has suspended the distributorship of the petitioner vide impugned order dated 23.04.2024. Challenging the same, the present petition.
3. The learned counsel for the petitioner submitted that after passing impugned order, the petitioner made a representation on 29.04.2024 to the respondent to consider his representation. This Court without going into the merits of the case, direct the respondent to consider and pass orders on the petitioners representation dated 29.04.2024 within the stipulated time as fixed by this Court.
4. The learned counsel for the respondent appearing for the respondent submitted that enquiry will be conducted and appropriate orders will be passed on the petitioners representation within the stipulated time as fixed by this Court.
5. Heard the learned counsel for the petitioner as well as the learned Counsel appearing for the respondent and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondent to consider the petitioners representation dated 29.04.2024 and to conclude the proceedings within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 21.10.2024 rli
M. DHANDAPANI .J.
rli W.P.NO.31310 of 2024 21.10.2024