Madras High Court
M/S.Sakthi Fuels vs The Deputy General Manager (Rs) on 25 October, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
W.A.No.1727 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR
AND
THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
W.A.No.1727 of 2022
AND
C.M.P.Nos.12417 & 12419 of 2022
M/s.Sakthi Fuels
Indian Oil Dealer
Rep. by its Partner
Ramakrishna Road
Salem 636 007 .. Appellant
Vs.
1.The Deputy General Manager (RS)
Indian Oil Corporation Limited
Marketing Division
Salem Divisional Office
No.234, 1st Floor, NH-7
Salem Bangalore Bye-pass Road
Kondalampatti, Salem 636 010
2.The Chairman & Managing Director
Indian Oil Corporation Limited
Indian Oil Bhavan
Regd. Office G/9, Ali Yavar Jung Marg
Bandara (East), Mumbai 400 051
3.T.Palanikumar, DGM (RS)
Indian Oil Corporation Limited
Salem Divisional Office
No.234, 1st Floor, NH-7
Salem Bangalore Bye-pass Road
Kondalampatti, Salem 636 010 .. Respondents
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1/4
W.A.No.1727 of 2022
Writ Appeal filed under Clause 15 of the Letters Patent Act, against the
order dated 06.04.2022 passed by the learned Single Judge in W.P.No.25601 of
2018.
For Appellant : Mr.S.Prabakar
Senior Counsel
for Mr.M.R.Jothimanian
For RR1 and R2 : Mr.Abdul Saleem
Senior Counsel
Assisted by Mr.M.Vijaya Mehanath
For R3 : No appearance
JUDGMENT
(Delivered by S.S.SUNDAR, J.)
This writ appeal is directed against the order dated 06.04.2022 passed by
the learned Single Judge in W.P.No.25601 of 2018, dismissing the writ petition
filed by the appellant challenging the show cause notice dated 19.09.2018.
2. The appellant, who is a retail outlet dealer of petroleum products of the
respondents Oil Corporation, was issued with a show cause notice alleging
certain violations by the respondents Oil Corporation on 11.04.2018 and the
appellant submitted its reply. Thereafter, another notice dated 19.09.2018
impugned in the writ petition was issued to the appellant, alleging that it has
violated Regulation 8(6) of the guidelines giving a personal hearing to the
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appellant. The learned Single Judge dismissed the writ petition holding that the
impugned notice was issued to the appellant for personal hearing and the
appellant cannot have any grievance over the same, challenging which, this writ
appeal is preferred.
3. The only contention raised by the appellant is that there is
predetermination and the order impugned viz., the show cause notice suffers
from mala fides. This Court is unable to accept this contention.
4. It is the case of the appellant that for the violations pointed out in the
first show cause notice, the respondents Oil Corporation could only suspend the
license for a period of 15 days. It is not in dispute that the show cause notice
was issued pointing out that there was stock variation in the quantity of fuel in
the tanks. Therefore, this Court finds no reason to interfere with the order of
the learned Single Judge and this writ appeal stands dismissed. It is open to the
appellant to raise all its contentions before the authorities. No costs.
Connected C.M.P.s are closed.
[S.S.S.R.,J.] [A.D.M.C., J.]
25.10.2024
Index : Yes/No
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Neutral Citation : Yes/No
gya
S.S.SUNDAR, J.
AND
A.D.MARIA CLETE, J.
gya
25.10.2024
https://www.mhc.tn.gov.in/judis
