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Madras High CourtWP(MD)/5122/2025dismissed

M/S.Shri Balaji Agencies v. Union Of India

2025-02-25Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M/s.Shri Balaji Agencies ...

Petitioner Vs 1 Union of India, Secretary to Government of India, Ministry of Petroleum and Natural Gas, Government of India, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi 110.

2 Union of India, Represented by its Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department Of Consumer Affairs, Gallery No.12/2, Jam Nagar House, Shahjahan Road, New Delhi - 110 011.

3 State Level Coordinator, BPCL Tamil Nadu & Puducherry (UT), Indian Oil Bhavan.

Nungambakkam, Chenai 600 034

4 M/s.Bharat Petroleum Corporation Ltd., Rep. by its Chairman and Managing Director, Bharat Bhavan, No.26, Currimbhoy Road, Ballard Estate, Mumbai -400001.

5 The Territory Manager (LPG), Madurai LPG Territory, Bharat Petroleum Corporation Limited, (A Government of India Enterprise), LPG Bottling Plant, Kappalur, 6 The District Collector, Madurai District, ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, to call for the records of the 5th respondent's Impugned Circular in LPG:SR:MDU:CIRCULAR, dated 03.12.2024, and their consequential Impugned Circular in LPG:SR:MDU: CIRCULAR: 7: dated 18.02.2025, preventing the collection of Transportation Charges and quash the same as devoid of merit. For Petitioner :

Mr.A.Haja Mohideen For Respondents 1 & 2 : Mr.H.Velavdhas, Central Govt. Standing Counsel.

For Respondent 6 : Mr.C.Venkatesh Kumar, Spl. Govt. Pleader.

ORDER

For the prayer sought in the Writ Petition, the petitioner has an alternate remedy before the District Collector, as provided in the impugned Circular of Bharat Petroleum Corporation Limited, dated 18.02.2025,.

2. In view of the above, the petitioner is at liberty to approach the District Collector by way of an appeal within two weeks, in which event, the District Collector shall decide the appeal of the petitioner on its own merits and in accordance with law, within a period of four weeks thereafter.

3. Parties are directed to maintain status quo for a period of six weeks.

4. The Writ Petition is dismissed accordingly. No costs. Consequently, the connected W.M.P.(MD) Nos.3717 and 3718 of 2025 are closed.

25.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 Union of India, Secretary to Government of India, Ministry of Petroleum and Natural Gas, Government of India, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi 110.

2 Union of India, Represented by its Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department Of Consumer Affairs, Gallery No.12/2, Jam Nagar House, Shahjahan Road, New Delhi - 110 011.

3 State Level Coordinator, BPCL Tamil Nadu & Puducherry (UT), Indian Oil Bhavan.

Nungambakkam, Chenai 600 034 4 M/s.Bharat Petroleum Corporation Ltd., Rep. by its Chairman and Managing Director, Bharat Bhavan, No.26, Currimbhoy Road, Ballard Estate, Mumbai -400001.

5 The Territory Manager (LPG), Madurai LPG Territory, Bharat Petroleum Corporation Limited, (A Government of India Enterprise), LPG Bottling Plant, Kappalur,

6 The District Collector, Madurai District,

VIVEK KUMAR SINGH, J.

dixit 25.02.2025