Madras High Court
The Senior Area Manager vs P.Gnanavel on 26 April, 2021
W.A.No.486 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.A.No.486 of 2020
The Senior Area Manager,
Indian Oil Corporation Ltd.,
Indane Area Office,
No.8/1079, Avinashi Road,
Coimbatore - 641 108. ..Appellant
Vs
1.P.Gnanavel
2.Union of India
Rep. by its Secretary,
Ministry of Petroleum and Natural Gas,
Shastri Bhavan,
New Delhi. ..Respondents
Prayer: Appeal filed under 15 of Letters Patent against the order
dated 14.02.2020 made in W.P.No.4005 of 2019.
For Appellant : Mr.M.S.Krishnan, Sr.Counsel
for Mr.Mohammed Fayaz
For Respondents : Mr.V.Manohar for R1
No appearance for R2
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Page 1 of 6
W.A.No.486 of 2020
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal lies in a very narrow compass.
2. The learned Single Judge set aside the proceedings of
the appellant and consequently issued a direction to consider the
application of the first respondent with respect to the land offered
by him and if satisfied the conditions required to grant LPG
distributorship.
3. Learned Senior Counsel appearing for the appellant
submitted that the land offered by the first respondent/writ
petitioner is different from the one offered earlier pursuant to the
application made. The earlier land was situated in Survey No.102/3
and it was not approved as it was felt that it was outside the
territorial jurisdiction of the area meant to be given for the
distributorship. It is also to be seen that earlier this Court has
passed an order in W.P.No.37039 of 2016 dated 27.09.2018 as
could be seen from the following paragraphs:-
"3. However, when the matter is taken up for hearing,
the learned counsel appearing for the respondents
submitted that the respondents would consider the claim
of the petitioner on merits, if the petitioner produces the
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W.A.No.486 of 2020
required documents to the affect that his show room is
falling within the territorial limits of Kaveripattinam.
4.Considering the facts and circumstances of the case,
this court without going into the merits of the case,
directs the respondents to consider the claim of the
petitioner and pass appropriate orders on merits and in
accordance with law, after affording an opportunity of
personal hearing to the petitioner as well as any other
interested parties, within a period of six weeks from the
date of receipt of a copy of this order. The petitioner is at
liberty to produce the required documents, to
substantiate his claim, to the respondents at the time of
enquiry.
5.With the above directions, the writ petition stands
disposed of. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is
closed."
4. Learned Senior Counsel appearing for the appellant
submitted that the aforesaid exercise can very well be done with
respect to the land offered at the first instance being the subject
matter of the writ petition in W.P.No.37039 of 2016 and as
indicated in the application made.
5. Learned counsel appearing for the contesting
respondent/writ petitioner also accepted the said statement made.
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W.A.No.486 of 2020
6. In such view of the matter, the order passed by the
learned Single Judge is set aside and consequently the appellant is
directed to re-do the exercise after putting the first
respondent/writ petitioner on notice to the land indicated in the
application originally in Survey No.102/3. This is for the purpose of
satisfying that the aforesaid land is situated within the area
earmarked for distributorship. The aforesaid exercise will have to
be done within a period of eight weeks from the date of receipt of
a copy of this judgment. If the area identified at the first instance
is within the area meant for distributorship, appropriate orders will
have to be passed within a further period of six weeks after
completion of the process of measurement and inspection. The
assistance of Taluk Surveyor can also be sought for, if so required.
Needless to state that if the land offered is outside the area meant
to be utilized for distributorship, the first respondent/writ
petitioner shall not be entitle to the distributorship.
The writ appeal stands allowed accordingly. No costs.
C.M.P.No.7299 of 2020 is closed.
(M.M.S., J.) (R.N.M., J.)
26.04.2021
Internet : Yes/No
ssm
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W.A.No.486 of 2020
To
The Secretary,
Union of India
Ministry of Petroleum and Natural Gas,
Shastri Bhavan,
New Delhi.
http://www.judis.nic.in
W.A.No.486 of 2020
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(ssm)
W.A.No.486 of 2020
26.04.2021
http://www.judis.nic.in
