Madras High Court
Rk.Pradeep Raj vs The Territory Manager-Lpg on 18 June, 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.No.203/2017
RK.Pradeep Raj ... Appellant
-vs-
The Territory Manager-LPG,
Chennai LPG Territory,
Bharat Petroleum Corporation Limited,
Chennai LPG Botting Plant,
J1-16, SIPCOT Industrial Complex,
New Gummidipoondi,
Tiruvallur District. ... Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 09.06.2016 made in W.P.No.19269/2016 by a
learned Single Judge of this Court.
For Appellant : Mr.R.Thirumoorthy
For Respondent : Mr.M.Vijayan
for M/s.King and Patridge
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JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
This Writ Appeal has been directed against the order dated
09.06.2016 made in W.P.No.19269/2016 by a learned Single Judge of
this Court in and by which the application filed by the appellant for LPG
Distributionship was rejected.
2. Heard the learned Counsel on either side.
3. At the outset, we may mention herein that in the first
round of litigation in W.A.No.683/2015 dated 02.09.2015, when a
Division Bench of this Court has given a lucid interpretation for the
''word'' locality as a ''neighbourhood'' or ''area'' or ''location'' and the
word ''location'' is defined as a ''site'' or ''position'' and both the words
can be used interchangeably and have to be understood in the context
wherein they are employed, it has been made clear that
''location/locality'' means the area specified in the Notification. Finally,
taking into account the case of the appellant came to the conclusion
that the appellant by specifying the location as ''Puzhal/(to)
Kallikuppam'' had mis-represented the location of the showrooms.
Therefore, taking note of the mis-representation made by the
appellant, rightly came to the conclusion that the authorities have
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taken a legal and correct decision by declaring the appellant as not
eligible and ordered to issue a re-notification affording an opportunity
to all the persons who have required capacity and intention for the
same and who fulfill the requirement to participate in the process so
that the LPG Distributionship can be allotted to the most eligible
person.
4. Mr.M.Vijayan, learned Counsel for M/s.King and Patridge,
learned Counsel for the respondent submitted that pursuant to the
direction given by the Division Bench of this Court in W.A.No.683/2015
dated 02.09.2015, an advertisement was issued in the Newspaper
informing that the draw will be conducted on 11.06.2016 at 3.00 p.m.
and individual letters were sent to the remaining eligible candidates.
At this stage, the appellant filed W.P.No.19269/2016, seeking for
issuance of a Writ of Mandamus, forbearing the respondent from
conducting lucky draw to be held on 11.06.2016 for the location of
puzhal/Kallikuppam as per the order passed by this Court in
W.A.No.683/2015 dated 02.09.2015 and the same was taken up for
hearing and finally, on 09.06.2016 in the impugned order, the learned
Single Judge has dismissed the said Writ Petition holding clearly that
the application submitted by the appellant for LPG Distributionship
came to be rejected and though the same was challenged successfully,
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on appeal, it was set aside by this Court, granting liberty to the
respondent to proceed with the process in accordance with the
requirement. In that order, it was further held that since Clause 11.2
gives power to go for re-draw and as per Clause 11-2(a), ''rejection of
selected candidates due to findings in the filed verification'' as one of
the conditions for re-draw and therefore, calling for remaining
participants/applicants, in the considered opinion of the Court is in
order. Accordingly, the respondent has rightly issued the re-
notification on the basis of the remaining participants. That order has
been challenged in the present Writ Appeal, he pleaded.
5. Learned Counsel for the respondent further submitted that
during the pendency of this matter, it was also brought to the notice of
the appellant that the selected candidate was not impleaded as one of
the necessary parties. Therefore, a chance was also given to the
appellant to implead the selected candidate which has not been done
so far. Secondly, when a direction was given by this Court on
02.09.2015 in W.A.No.683/2015 to issue a re-notification affording
opportunity to all the persons who have the required capacity and
intention to participate in the process so as to allot the LPG
Distribution ship to the most eligible person, accordingly, a redraw was
conducted on 11.06.2016 from the remaining candidates.
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Subsequently, one Mr.Lenin Chandrakumar was selected in the draw of
lot and a letter of Intent dated 23.06.2016 was issued to him.
Subsequently, the Distributionship agreement was executed between
Bharat Petroleum Corporation Limited and the said Lenin
Chandrakumar on 16.09.2016.
6. In this regard, the Counter Affidavit filed by the respondent
dated 31.01.2018 reads as follows:
''4. I submit that in view of the dismissal of the writ
petition on 09.06.2016, redraw was conducted on
11.06.2016 from the remaining candidates and Mr.Lenin
Chandrakumar was selected in the draw of lot.
Accordingly, Letter of Intent dated 23.06.2016 was issued
to him. Therefter, the Distributionship agreement was
executed between Bharat Petroleum Corporation Limited
and the said Lenin Chandrakumar on 16.09.2016. From
22.09.2016 onwards the distributionship was
commissioning and it has been functioning with
approximately 9300 customers.
5. From the grounds of writ appeal furnished to
the respondent herein, it is found that the writ appeal was
presented only on 15.11.2016 and the writ appeal was
numbered sometime in the year 2017. The above events
took place between the date of dismissal of the writ
petition and filing of the writ appeal and during the said
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period, there was no interim order. I am advised to submit
that at this point of time, the Appellant is not entitled to
pray to set the clock back.''
A perusal of the same clearly shows that when this draw of lot
was held on 11.06.2016 as per the direction given by the Division
Bench of this Court, finally, one Mr.Lenin Chandrakumar was selected
in the said draw of lot and a letter of intent was also issued to him on
23.06.2016 followed by executing a dealership distribution agreement
on 16.09.2016, which has been functioning with approximate 9300
customers, it is not known why the appellant has presented an appeal
belatedly on 15.11.2016 and moreover the same was kept pending
and finally, it was numbered only in the year 2017. Interestingly
enough, there was no interim order passed by this Court.
7. In view of all the above, we are of the view that the
respondent has rightly as directed by the learned Division Bench of this
Court held the draw of lot on 11.06.2016, therefore, nothing survives
for further adjudication. Therefore, the Writ Petition filed by the
appellant was rightly dismissed by the learned Single Judge of this
Court. Further as we mentioned above, the appellant has not even
chosen to implead the successful candidate in this Writ Appeal,
therefore, on that score also, the appeal is liable to be dismissed.
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8. At this stage, learned Counsel for the appellant submitted
that the amount deposited by the appellant may be ordered to be
refunded. In reply, learned Counsel for the respondent submitted that
if it is found that any amount was deposited by the appellant, the
same will be considered as per law, within a period of four weeks from
the date of receipt of a copy of this Order.
9. In view of all the above, the Writ Appeal fails and the same
is accordingly dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed.
(T.R.J.,) (V.S.G.J.,)
18.06.2021
tsi
https://www.mhc.tn.gov.in/judis/
T.RAJA, J.
and
V.SIVAGNANAM, J.
tsi
W.A.No.203/2017
18.06.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
