Madras High CourtWP(MD)/6642/2017disposed of

M/S.Lakshmi Agencies, v. The Secretary To Government

2023-06-07Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.6642 of 2017 M/s.Lakshmi Agencies, Indian Oil Dealer, Sathankulam, Represented through its Proprietor, A.Chandrasekaran Petitioner Vs.

1.The Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai.

2.The Commissioner, Civil Supplies Consumer Protection Department, Chepauk, Chennai.

3.The District Collector, Tuticorin.

4.The District Civil Supply and Consumer Protection Officer, Tuticorin.

Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 14.11.2016, 28.12.2016 and 29.12.2016 and fix the sale price of kerosene as per "Rule 13" of Tamil Nadu Kerosene (Regulation of Trade) Order, 1973 r/w "Rule 2(d)" of the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 and grant subsidy towards the total loss incurred within the time fixed by this Court.

For Petitioner :Mr.H.Arumugam For Respondents :Mr.M.Sarangan Additional Government Pleader

O R D E R

This writ petition is filed for a Mandamus directing the first respondent to consider the petitioner's representation dated 14.11.2016, 28.12.2016 and 29.12.2016 and fix the sale price of kerosene as per "Rule 13" of Tamil Nadu Kerosene (Regulation of Trade) Order, 1973 r/w "Rule 2(d)" of the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 and grant subsidy towards the total loss incurred within the time fixed by this Court. 2/5

2.Today(07.06.2023), when this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents has produced a copy of the order passed by the Commissioner, Civil Supplies in Na.No.04 25342/2015, dated 23.07.2017 and submits that the representation of the petitioner was duly considered by the Commissioner of Civil Supplies and it was rejected.

3.Recording the submission made by the learned Additional Government Pleader, this writ petition is disposed of with a liberty to the petitioner to work out his remedy by way of challenging the above order in the manner known to law. The learned Additional Government Pleader is directed to furnish the copy of the order to the petitioner's counsel. No costs. 07.06.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn 3/5

To 1.The Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai.

2.The Commissioner, Civil Supplies Consumer Protection Department, Chepauk, Chennai.

3.The District Collector, Tuticorin.

4.The District Civil Supply and Consumer Protection Officer, Tuticorin.

4/5

B.PUGALENDHI, J vrn Order made in W.P(MD) No.6642 of 2017 07.06.2023 5/5