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Madras High CourtWA(MD)/1185/2025dismissed

A.Sujitha v. Indian Oil Corporation Limited

2025-06-02Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR A.Sujitha ... Appellant / Petitioner Vs.

1.Indian Oil Corporation Limited, G-9, All Yavar Jung Marg, Bandra (East), Mumbai - 51 2.

2.The Senior Area Manager, Indian Oil Corporation Limited, Marketing Division, Indane Area Office, "Triveni", 2nd Floor, B-35, Shastri Road, Thillai Nagar, Trichy - 18.

... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed in W.P(MD)No.9075 of 2019 dated 03.12.2024. 1/4

For Appellant : Mr.S.Kadarkarai For Respondents : Mr.K.Muraleedharan

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) Heard both sides.

2.The Indian Oil Corporation issued notification calling for applications from prospective candidates for allotment of distributorship for the petition mentioned area. The appellant herein was one of the applicants. As per the terms set out in the notification, the applicant must have title deed over the site or registered lease for 15 years. The applicant had neither. She only had an unregistered agreement with the land owners. This clearly did not satisfy the requirement set out in the notification. That is why the learned single Judge dismissed the writ petition vide order dated 03.12.2024. Paragraphs 6 and 7 of the order read as follows:

"6. On perusal of the rental lease agreement produced by the petitioner, it revealed that it is an unregistered one for the period of 15 years dated 19.11.2013 for show room Door No. 48/2b, Sathyamangalam village, Iyermalai, Karur District, whereas, in the application submitted by the petitioner, she stated that it is a registered lease deed dated 20.11.2013. Therefore, as on date of the application, i.e., 22.11.2013, no land 2/4

was owned by the petitioner for the showroom. Therefore, the petitioner failed to establish her capacity to take up LPG distributorship and run successfully and also did not meet the requirement of selection for regular LPG distributorship, as per the selection Brochure of the year 2013.

7. Therefore, the candidature of the petitioner was rightly rejected by the second respondent. This Court finds no infirmity or illegality in the order passed by the second respondent and the writ petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. If the second respondent floated fresh tender, the petitioner is at liberty to participate in the same. No costs. Consequently, connected Miscellaneous Petition is closed."

We do not find any ground to interfere.

3.This Writ Appeal stands dismissed. There shall be no order as to costs. [G.R.S., J.] [K.R.S., J.] 02.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/4

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

MGA To 1.Indian Oil Corporation Limited, G-9, All Yavar Jung Marg, Bandra (East), Mumbai - 51 2.

2.The Senior Area Manager, Indian Oil Corporation Limited, Marketing Division, Indane Area Office, "Triveni", 2nd Floor, B-35, Shastri Road, Thillai Nagar, Trichy - 18.

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