T.Udayakumar v. The Head Of Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH T.Udayakumar ... Petitioner Vs

1. The Head of Divisional Officer, Indian Oil Corporation Limited, Triveni, 3rd Floor, No.B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.

2. The Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited, Divisional Office, "Triveni" Third Floor, No.B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to expeditiously to give effect to the communication vide ref.No.15456396078961 dated 06.04.2022 as there appear to be no impediment to the respondent corporation for doing so. 1 / 4

For Petitioner : No appearance For Respondents : Mr.Mohammed Fayaz Ali

O R D E R

The petitioner is called absent today, perhaps in light of the position that he was faced with under order dated 01.11.2023 that reads as follows: "Mr.Mohammed Fayaz Ali, learned counsel accepts notice for the respondents and seeks some time to obtain instructions and file a counter.

2. This Writ Petition is filed for a mandamus directing the sole respondent/Indian Oil Corporation Limited (IOCL) to expeditiously give effect to communication dated 06.04.2022, whereunder, the petitioner was preliminarily selected for Retail Outlet dealership in Deevanur Village Villupuram.

3. Mr.Fayaz, on instruction, states that much water has flown under the bridge after e-mail dated 06.04.2022. He circulates a copy of e-mail dated 28.05.2022, whereunder the petitioner has been called upon to furnish a slew of documents and upon condition that those documents were supplied and found to be in order, the petitioner's candidature was to be considered.

4. It is the case of the respondents that the petitioner did not respond to e-mail dated 28.05.2022 and thus reliance on previous email dated 06.04.2022 is of no effect. In fact, as on date, the location has been closed, as no suitable candidate was found.

5. The writ affidavit does not make a disclosure about e-mail dated 28.05.2022. Incidentally, both e-mail dated 06.04.2022 and 28.05.2022 have been sent to the same e-mail ID, viz., tudayakumar111@gmail.com, which is stated to be the e-mail ID registered by the petitioner with IOCL.

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6. Faced with this position, learned counsel for the petitioner seeks few days time to obtain instructions and report.

7. List on 09.11.2023 at the end of admission list. "

2. In addition, learned counsel for the respondents points to e-mail dated 11.10.2022, sent to the same registered e-mail ID of the petitioner, where the petitioner was yet again informed that he had been found ineligible.

3. In light of the aforesaid narration, there is no merit in this Writ Petition and the same is dismissed. No costs.

10.11.2023 sl Index : Yes / No Speaking Order:Yes 3 / 4

DR.ANITA SUMANTH, J.

Sl To

1. The Head of Divisional Officer, Indian Oil Corporation Limited, Triveni, 3rd Floor, No.B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.

2. The Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited, Divisional Office, "Triveni" Third Floor, No.B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.

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