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Madras High CourtWP(MD)/12098/2025disposed of

T.Sivaram v. The Chief Regional Manager

2026-06-18Honourable Mr.Justice Hemant Chandangoudar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P(MD) No. 12098 of 2025 and W.M.P(MD)Nos.8916 & 8918 of 2025 T.Sivaram .. Petitioner - Vs. -

1. The Chief Regional Manager, Madurai LPG RO, Madurai - 625008.

2. The Assistant Sales Manager, Madurai - 625008.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Order issued by the 1st respondent in Ref. MDLRO/BNN/MDG dated 03.03.2025 quash the same as illegal, arbitrary and violation of the Principles of Natural Justice and consequently direct to the respondents to supply the gas cylinder to the petitioner distributorship Code No. 41039344 in Allagappanambalam HP Gas Gramin Vitrak (41039344).

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For Petitioner : Mr.M.Kumar For Respondents : Mr.R.J.Karthick

ORDER

The petitioner challenges the communication dated 03.03.2025 issued by the first respondent whereby the petitioner has been called upon to pay penalty of Rs.62,24,887 on shortage of LPG cylinders, Regulators etc.

2. The petitioner is a dealer for distributing LPG cylinders under the respondent Corporation. In the agreement entered into between the petitioner and respondent Corporation and as per the terms of the agreement, the imposition of penalty and cancellation of the dealership is agreed under the Marketing Discipline Guidelines, 2022. As per clause 3.11 of Chapter 3 of Marketing Discipline Guidelines, 2022, the petitioner has a remedy of appeal against the imposition of penalty.

3. Since disputed question of facts are involved in this petition, this Court, in exercise of Writ jurisdiction cannot adjudicate the said 2/6

disputed facts, more particularly, when a remedy of appeal is provided under the said guidelines. Therefore, the petition filed without exhausting the said alternative remedy is not entertainable.

4. Accordingly, the Writ Petition is disposed of preserving liberty to the petitioner to file an appeal as per 3.11 of Chapter 3 of Marketing Discipline Guidelines, 2022. If such an appeal is filed within four weeks from today, the appellate authority shall consider the same on merits without going into the question of delay.

5. No Costs. Consequently, connected miscellaneous petitions are closed.

18.06.2026 Index :Yes / No NCC :Yes / No PJL To

1. The Chief Regional Manager, Madurai LPG RO, 3/6

Madurai - 625008.

2. The Assistant Sales Manager, Madurai - 625008.

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HEMANT CHANDANGOUDAR, J.

PJL 18.06.2026 6/6