P.Murugan v. The Divisional Manager(Marketing Division)

W.P.(MD)No.11975 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11975 of 2020 P.Murugan ... Petitioner Vs.

1.The Divisional Manager, (Marketing Division) Indian Oil Corporation, Trichy Divisional Office, "Triveni"3rd Floor, B-35, Shastri Road, Thillai Nagar, Trichy - 620 018.

2.Pasupathi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the first respondent from granting any Sanction Order to the second respondent or any other person to put up a Petrol Bulk Retail Outlet Dealership under the General Category at the place of Kavalipatti Village, Orathanadu Taluk in Thanjavur District in respect of Serial No.1709 and further directed the first respondent to reconsider the Petitioner's Selection Group - 3 Applicant as per his letter dated 29.02.2020 in respect of Serial No.1709 under the Reserve Category in the place of Kavalipatti, Orathanadu Taluk, Thanjavur District. For Petitioner :

Mr.A.C.Asaithambi For 1st Respondent :

Mr.K.Muralidharan Standing counsel

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for the first respondent. 2.The petitioner was one of the applicants for being allotted the Retail Outlet Dealership for Kavalipatti Village in Orathanadu Taluk. The petitioner states that the allocation has been reserved for Scheduled Caste candidates and he alleges that it is now sought to be allotted to a non-reserved category candidate. The matter was listed for admission before me yesterday, I called upon the learned Standing counsel to get instructions in this regard.

3.Today when the matter was taken up for hearing, the learned Standing Counsel informed the Court that the petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11975 of 2020 mentioned location has been reserved only for reserved category candidates. He also made it clear that it will not be allotted to a non-reserved category and this submission made by the learned Standing Counsel for the first respondent, on instructions, is placed on record.

4.It appears that the petitioner's application was rejected. The petitioner has filed a representation, dated 27.08.2020 for reconsideration of the earlier decision of the Corporation. The first respondent is directed to pass orders on the petitioner's request for reconsideration of the earlier decision of the Corporation, taken on 29.02.2020. The first respondent shall communicate their stand to the petitioner in writing within a period of two weeks from the date of receipt of a copy of this order. If the petitioner is still aggrieved, it is for the petitioner to challenge the same in the manner known to law. 5.This writ petition is couched in the nature of a writ Mandamus. The prayer in this writ petition is only for a writ of Mandamus. Therefore, the correctness of the decision of the first respondent cannot be gone into in this writ petition. 6.With this direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The Divisional Manager, (Markering Division) Indian Oil Corporation,Trichy Divisional Office, "Triveni"3rd Floor,B-35, Shastri Road, Thillai Nagar,Trichy - 620 018.

W.P(MD)No.11975 of 2020 18.09.2020 SS(CO) AP(05/10/2020) 2 P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2