Madras High CourtWP(MD)/17110/2024disposed of

A.Jose Antony v. The Deputy General Manager (Lpg)

2024-07-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Jose Antony ... Petitioner Vs.

1.The Deputy General Manager (LPG), Indian Oil Corporation Limited, Southern Region, "Indian Oil Bhavan", No.139, Mahatma Gandhi Road, (Nungambakkam High Road), Chennai - 600 034.

2.The Chief Area Manager, Indane Area Office, Indian Oil Corporation Limited, No.2, Race Course Road, Chokkikulam, Madurai - 2.

3.The Sales Officer, Manager LPG Sales, Indian Oil Corporation Limited, No.3/9, T1 Muthamizh Apartment, 5th Main Road, Maharaja Nagar, Tirunelveli - 627 011.

... Respondents 1/4

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent pertaining to the notification dated NIL released on 15.07.2024 in Dina Thanthi pertaining to C.Schedule serial No.1 that is with regard to the IOC, Nagercoil, Agastheeswaram, Kanyakumari District against termination and to quash the same and consequently direct the respondents to grant license in favour of the petitioner.

For Petitioner : Mr.SC.Herold Singh For Respondents : Mr.Mohammed Athiff

ORDER

Heard both sides.

2.The petitioner was the dealer for IOCL. The dealership was terminated. The petitioner questioned the same. The matter was referred to arbitration. The sole arbitrator (Hon'ble Mr.Justice S.Rajeshwaran (Rtd.)) passed an award holding that the termination was bad but then the petitioner is entitled to only compensation and not restoration. 3.In these circumstances, the petitioner cannot question the impugned notification whereby the respondent corporation has invited 2/4

applications for allotting dealership. The petitioner can very well participate in the allotment process, if he is otherwise qualified. 4.With this observation in favour of the petitioner, this writ petition is disposed of. There shall be no order as to costs. 25.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN,J.

MGA 25.07.2024 4/4