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Madras High CourtWP(MD)/2720/2020disposed of

Gunanithi v. The Chairman

2020-02-12Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Gunanithi ... Petitioner Vs.

1) The Chairman, Indian Oil Corporation, G-9, Indian Oil Bhavan, Aliyavur Jung Marg, Bandra East, Mumbai 400 051

2) The Executive Director, Indian Oil Corporation Ltd., Indian Oil Bhavan, No.139, Nungambakkam High Road, Chennai 600 034

3) The Divisional Engineer, Indian Oil Corporation, B-35 3rd Floor, Triveni, Sashtri Road, Thillai nagar, Trichy 620 018 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to proceed further with the selection process pursuant to the notification dated 25.11.2018 and issue Letter of Intent to the petitioner by considering her representation dated 02.12.2019. For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.K.Muraleedharan Standing Counsel ******

O R D E R

Mr.K.Muraleedharan, learned standing counsel takes notice on behalf of the respondents.

2. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The Writ Petition has been filed seeking for a Mandamus to 1/3

direct the respondents to proceed further with the selection process pursuant to the notification dated 25.11.2018 and issue Letter of Intent of the petitioner by considering her representation dated 02.12.2019.

4. The case of the petitioner is that, on 25.11.2018, the first and second respondents published a tender notification inviting applications to set up 5125 new retail petroleum outlets throughout the State of Tamil Nadu. The petitioner herein, under the 'Freedom Fighters Quota' became a successful candidate and on 11.01.2019, the respondent through an email declared that the petitioner to be a successful candidate. While so, the third respondent vide letter dated 15.03.2019 intimated the petitioner that the process of selection has been withheld due to grant of stay in W.P.(MD) No.3678 of 2019 and thereafter, the petitioner did not receive any communication from the respondent.

5. Later on 17.10.2019, the aforesaid writ petition was taken up for hearing and this Court had dismissed the same. Even though the case was closed, the respondent did not send any further communication to the petitioner with regard to the selection process. Therefore, on 02.12.2019, the petitioner sent a representation to the 2nd respondent requesting him to go ahead with the selection process. Till date, the respondent has not considered the representation of the petitioner and therefore, the petitioner has approached this Court by way of filing the present writ petition.

6. In view of the above, without expressing any opinion on the merits of the claim made by the petitioner, the respondents are directed to consider the representation of the petitioner dated 02.12.2019 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 2/3

To:

1) The Chairman, Indian Oil Corporation, G-9, Indian Oil Bhavan, Aliyavur Jung Marg, Bandra East, Mumbai 400 051

2) The Executive Director, Indian Oil Corporation Ltd., Indian Oil Bhavan, No.139, Nungambakkam High Road, Chennai 600 034

3) The Divisional Engineer, Indian Oil Corporation, B-35 3rd Floor, Triveni, Sashtri Road, Thillai nagar, Trichy 620 018 +1 CC to M/s.K.MURALEEDHARAN, Advocate ( SR-6045[F] dated 13/02/2020 ) +1 CC to M/s.T.LENINKUMAR, Advocate ( SR-5961[F] dated 12/02/2020 ) Order made in KK/27.02.2020/3P-6C 3/3