K.Manoharan v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12508 of 2017 K.Manoharan ... Petitioner Vs.

1. The General Manager, Indian Oil Coporation Limited, Tamil Nadu State Officer, No.139, Mahatma Gandhi Road, Indian Oil Bhavan, Nungambakkam, Chennai-600 034.

2. The Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited,(Marketing Division), Salem Divisional Office, No.234, 1st Floor, No.7, Salem-Bangalore By-Pass Road, Kondalampatti, Salem-636 010.

3.R.Kanimozhi ... Respondents PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 07.06.2017 submitted in regard to cancel the award of Retail Outlet dealership for Petroleum products to the 3rd respondent at Palaviduthi to Servaikaranpatti on SH - 199 of Karur District and thereby direct the 1st respondent to consider the Petitioner's case for award of Retail Outlet Dealership for the above said location within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondent 1 & 2 : Mr.Muralidharan ******

O R D E R

The prayer in this writ petition is for the issuance of a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 07.06.2017 submitted in regard to cancel the award of Retail Outlet dealership for Petroleum products to the 3rd respondent at Palaviduthi to Servaikaranpatti on SH - 199 of Karur District and https://hcservices.ecourts.gov.in/hcservices/

thereby direct the 1st respondent to consider the petitioner's case for award of Retail Outlet Dealership for the above said location within the time limit that may be stipulated by this Court. 2.The case of the petitioner is that the first respondent issued an advertisement in Tamil Daily, namely, "Daily Thanthi" dated 17.10.2014 inviting application from the eligible candidates for grant of Petroleum Retail Outlet Dealership to various places including the place at Serial No.472, Palaviduthi to Servaikaranpatti on SH.199 of Karur District. The said location was reserved for the Scheduled Caste category. 3.The petitioner would allege that the third respondent, who does not belong to Scheduled Caste community, by producing forged documents got allotment in her favour.

Aggrieved over the same, the petitioner made a representation to the first respondent dated 07.06.2017 to cancel the award of Petroleum Retail Outlet Dealership in favour of the third respondent. Since no order was passed, the present writ petition has been filed. 4.Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.Muralidaran, learned Standing Counsel appearing for the respondents and perused the records. 5.Considering limited scope of the prayer sought for in this writ petition, this Court, without expressing any view on the merits and contention raised by the petitioner, directs the first respondent to consider the representation of the petitioner, dated 07.06.

2017, on merits and in accordance with law, after providing opportunity of hearing to the petitioner, the third respondent herein and other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar +1cc to Mr.G.Thalaimutharasu, Advocate Sr.No.64779 VSG VB/KP/SAR1/25.07.2017/2P/2C W.P.(MD)No.12508 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/