S.Murugesan, Proprietor v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Murugesan, Proprietor, M/s.Vetri NDNE Indane Agency, 39/40, Keelamutharamman Kovil Street, Tenkasi - 627 811, Tirunelveli District.

... Petitioner versus

1. The Union of India, Rep. by its Secretary, Ministry of Petroleum and Natural Gas, "A" wing, Shastri Bhavan, Dr. Rajendra Prasad Road, New Delhi - 110 001.

2. Indian Oil Corporation Limited, Rep. by its Chairman, Corporate Office, 3079/3, JB Tito Marg, Sadiq Nagar, New Delhi - 110 049.

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3. Executive Director, (T.N.& P), Tamil Nadu State Office, Indian Oil Corporation Limited, 139, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

4. Chief Area Manager, Indane Area Office, Indian Oil Corporation Limited, No.2, Race Course Road, Chokkukulam, Madurai - 625 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 4th respondent dated 10.01.2014 in REF:MA0/515/13 and quash the same and to direct the respondents to pass orders on the representation of the petitioner dated 31.12.2015 and 18.01.2016 and to direct the respondents to attach domestic customers by issuing an amendatory letter to the existing NDNE agreement dated 17.04.2013 as a matter of extension of business, thereby authorizing the petitioner to sell LPC cylinders to all segment of customers, namely, domestic, commercial and industrial. For Petitioner : No appearance For Respondents : Mr.P.Palpandi Senior Panel Counsel 2/6

ORDER

The petitioner has made a request for allotment of LPG Agency in the year 2014 and the same has been rejected by the Indian Oil Corporation Limited, Madurai, by order dated 10.01.2014 that the LPG distributorship can be allotted only by following certain procedures and after considering the required eligibility criteria. As against this order, the petitioner has filed this writ petition after a period of two years, i.e. in the year 2016.

2. This Court has not admitted this writ petition. However, notice was ordered to the respondents on 15.02.2016. The respondents have not filed their response so far. In the meantime, when this writ petition was taken up for hearing on 05.04.2023, the learned counsel for the petitioner reported no instructions. However, he has not filed any memo that effect. Thereafter, this Court, by order dated 05.04.2023, directed the Registry to issue notice to the petitioner and also directed to delete the name of M/s.A.S.Mujibar Rahman as the 3/6

counsel for the petitioner.

3. Today, the Registry has also reported that as per the earlier direction of this Court, notice was issued to the petitioner, however, it was returned as "unclaimed".

4. Since the petitioner is not interested in prosecuting the case, this writ petition is dismissed. No costs.

12.10.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Secretary, Ministry of Petroleum and Natural Gas, "A" wing, Shastri Bhavan, Dr. Rajendra Prasad Road, New Delhi - 110 001.

2. Indian Oil Corporation Limited, Rep. by its Chairman, Corporate Office, 3079/3, JB Tito Marg, Sadiq Nagar, New Delhi - 110 049.

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3. The Executive Director, (T.N.& P), Tamil Nadu State Office, Indian Oil Corporation Limited, 139, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

4. The Chief Area Manager, Indane Area Office, Indian Oil Corporation Limited, No.2, Race Course Road, Chokkukulam, Madurai - 625 002.

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B.PUGALENDHI, J.

ogy 12.10.2023 6/6