Gnanamurugan v. Bharat Petroleum Corporation Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY N.Gnanamurugan ... Petitioner Vs
1. Bharat Petroleum Corporation Limited, Rep. by its Deputy General Manager-Marketing (Retail) TN and P & CPIO 1, Ranganathan Gardens Off. 11th Main Road, Anna Nagar, Chennai.
2. The Deputy General Manger/ Grievance Redressal Officer, Bharat Petroleum Corporation Limited, 37, Thiruparankundram Road, Pasumalai, Madurai 625 004.
3. Bharat Petroleum Corporation Limited, T.M.Retail Maduri Maduri Territory Office, 37 Thiruparankundram Road, Pasumalai Madurai 625 004.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third Respondent herein to follow the selection process as contained in Clause 17 of the Brochure issued by the Oil Companies and consider the application of the Petitioner in 1/6
No.15446787063905 for awarding Retail Outlet Dealership in Poomparai Village, Kodaikanal Taluk, Dindigul District, under open category pursuant to the advertisement of the third respondent dated 25.11.2018. For Petitioner : Mr.D.Rajagopal, For R-3 : Mr.Raguvaran Gopalan For R-1 & 2 : No appearance
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the third respondent herein to follow the selection process as contained in Clause 17 of the Brochure issued by the Oil Companies and to consider the application of the Petitioner in No.15446787063905 for awarding Retail Outlet Dealership in Poomparai Village, Kodaikanal Taluk, Dindigul District, under the open category, pursuant to the advertisement of the third respondent dated 25.11.2018.
2. Based on the said advertisement, the petitioner participated in the selection process. However, the respondents have already selected one Mufeela Parveen. The allegation against the said Mufeela Parveen is that, even though Letter of Intent (LOI) was issued to the said Mufeela Parveen on 21.02.2019, she 2/6
has not yet opened the outlet.
3. The contention of the petitioner is that if the said Mufeela Parveen has not opened the outlet, then within a period of three months the respondents ought to have considered the issue under Rule 144(5).
4. However, the said contention of the petitioner was refuted by the learned Counsel for the third respondent and submitted that No Objection Certificate ought to be issued by the District Collector and it is not stating that the respondents have to consider within a period of three months and no time limit is provided under the Act. The respondents have taken note of the delay on the part of the LOI holder and have issued a notice to Mufeela Parveen, to which she has submitted her explanation. If the respondents are not convinced with the explanation, then they would proceed to consider the petitioner's case. As of now, such a situation has not arisen. Therefore, the respondents submitted that the petitioner's plea cannot be considered at this stage.
5. Recording the said submission, this Court is of considered opinion that the petitioner cannot seek a direction for issuance of LOI. However, the respondents are bound to consider the petitioner's case, in the event of any lapse on the part of the first LOI holder, strictly in accordance with law. The official 3/6
respondents are directed to proceed with transparency and adherence to Clause 17 of the Brochure and conclude the process as expeditiously as possible, without any further delay.
6. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.
08.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6
To:
1. Bharat Petroleum Corporation Limited, Rep. by its Deputy General Manager-Marketing (Retail) TN and P & CPIO 1, Ranganathan Gardens Off. 11th Main Road, Anna Nagar, Chennai.
2. The Deputy General Manger/ Grievance Redressal Officer, Bharat Petroleum Corporation Limited, 37, Thiruparankundram Road, Pasumalai, Madurai 625 004.
3. Bharat Petroleum Corporation Limited, T.M.Retail Maduri Maduri Territory Office, 37 Thiruparankundram Road, Pasumalai Madurai 625 004.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 08.07.2025 6/6