Sabapathy.T v. Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.14911 of 2022 T.Sabapathy ..Petitioner Vs 1.The Union of India, through Ministry of Petroleum and Natural Gas, represented by the Joint Secretary, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi.
2.The Secretary, Hindustan Petroleum Corporation Limited, Registered Office:17, Jamshedji Tata Road, Mumbai.
3.The Chief General Manager(South Zone), Hindustan Petroleum Corporation Limited, 4th Floor,Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai- 600 008.
4.The General Manager, Hindustan Petroleum Corporation Limited, Regional Office 90, IInd Floor, MDSR Enclave, Bharathidasan Road, Cantonment, Trichy 620 001.
..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 3 and 4 to issue dealer ship without insisting on Appendix-VIII as demanded vide communication dated 25.4.2022 in the matter of issuance of permission for commissioning a petrol bunk of HPCL based upon the
Petitioner's application with HPCL, dated 26.3.2019 under the category Open CC1 and eligibility criteria and eligibility certificate format under pension order with respect to survey numbers 52/2A, measuring 2000 sq.meter, Lalgudi Ariyalur NH 81(Chidambaram Salai 227), Peruvashanallur Villager, Lalgudi Taluk, Tiruchirappalli District. For Petitioner :Mr.M.S.Vinodh For Respondent-1:Mr.G.Rajaraman Central Govt.Standing Counsel For Respondents :Mr.M.Sridhar 2 to 4
ORDER
The Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 3 and 4 to issue dealer ship without insisting on Appendix-VIII as demanded vide communication dated 25.4.2022 in the matter of issuance of permission for commissioning a petrol bunk of HPCL based upon the Petitioner's application with HPCL, dated 26.3.2019 under the category Open CC1 and eligibility criteria and eligibility certificate format under pension order with respect to survey numbers 52/2A, measuring 2000 sq.meter, Lalgudi Ariyalur NH 81(Chidambaram Salai 227), Peruvashanallur Villager, Lalgudi Taluk, Tiruchirappalli District.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.When the matter is taken up for hearing today, the learned Central Government Standing Counsel appearing for the first respondent would submit that the Petitioner will not fall under the category of Appendix-VIII, as he is served in different departments.The Petitioner is only a retired employee and he falls under the general category and he will be considered only in the general category. 4.It is submitted that the Petitioner has spent a huge sum of Rs. 74,95,390/- towards the construction of the petrol bunk and other initial compliance of the conditions imposed by the respondents 5.Considering the above facts and circumstances, the impugned communication, dated 25.4.2022 is set aside and the respondents 3 and 4 are directed to consider the petitioner's application with HPCL, dated 26.3.2019 submitted in this regard and decide the process of issuance of dealership to the Petitioner, in accordance with law, as expeditiously as possible.
6.With the above direction, the Writ Petition stands disposed of. No costs.
28.11.2022 Index : Yes/No Internet:Yes/No vsn
To 1.The Joint Secretary, Ministry of Petroleum and Natural Gas, Government of India, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi.
2.The Secretary, Hindustan Petroleum Corporation Limited, Registered Office:17, Jamshedji Tata Road, Mumbai.
3.The Chief General Manager(South Zone), Hindustan Petroleum Corporation Limited, 4th Floor,Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai- 600 008.
4.The General Manager, Hindustan Petroleum Corporation Limited, Regional Office 90, IInd Floor, MDSR Enclave, Bharathidasan Road, Cantonment, Trichy 620 001.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.14911 of 2022 28.11.2022