Madras High CourtWP(MD)/15210/2018disposed of

M.Mohammed Abdullah v. The Union Of India

2018-07-13Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15210 of 2018 M.Mohammed Abdullah ... Petitioner vs.

1.The Union of India Rep.by Principal Secretary Ministry of Petroleum and Gas New Delhi 2.The Managing Director Indian Oil Corporation Limited No.536, Anna Salai Teynampet, Chennai 3.The Deputy General Manager Indian Oil Corporation Limited Indani Area Office No.2, Race Course Road Chokkikulam, Madurai-625 002 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to issue a LPG distributionship as per the application dated 21.09.2013 submitted by the petitioner.

For Petitioner :

Mr.V.M.Balamohan Thampi For Respondents :

Mr.C.Nandagopal Central Government Standing Counsel for R1 Mr.Muraleedharan for R2 & R3

O R D E R

Mr.C.Nandagopal, learned Central Government Standing Counsel, takes notice for the first respondent and Mr.Muraleedharan, learned counsel takes notice for the respondents 2 and 3.

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

3. It is the grievance of the petitioner that his application dated 21.09.2013 seeking for LPG distributionship, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is needless to point out that whenever an application of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's application dated 21.09.2013 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar (CS-II) To +1cc to M/S.V.M.Balamohan Thampi, Advocate SR.No. 72977 +1cc to M/S.C.Nandagopal, Advocate SR.No. 73336 +1cc to M/S.K.Muraleedharan, Advocate SR.No. 72946 W.P.(MD) No.15210 of 2018 13.07.2018 krk JM/SKN RSK/SAR 2/23.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/