Dismissed

Tmt.S. Kasthuri, v. the Senior Divisional Retail

Madras HC3 Sept 2014WP(MD)/12102/2014

Case brief

AI extract

What is this about?

Three Writ Petitions filed under Article 226 of the Constitution of India challenging a notice issued by the Indian Oil Corporation Ltd were disposed of. The court ordered dismissal of the petitions and directions to the respondent to follow agreed terms following a previous Division Bench order.

What did the court decide?

The writ petitions were dismissed. No precipitative action to be taken without first putting parties to notice and affording them a right to explain their stand.

Tmt.S. Kasthuri, Vs the Senior… — Constitutional and Fundamental Rights | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2014 CORAM

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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W.P(MD)No.12102 to 12104 of 2014 and MP(MD).Nos.1,1 & 1 of 2014 S.Kasthuri ... Petitioner in W.P.No.12102/2014 V.Baskaran ... Petitioner in W.P.No.12103/2014 D.Mohankumar ... Petitioner in W.P.No.12104/2014 Vs.

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The Senior Divisional Retail Sales Manager, Indian Oil Corporation Ltd Trichy Divisional Office, Triveni 3^rd floor, B35 Shastri Road Thillai Nagar, Trichy. ... Respondent

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Common Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the notices in REF.:TCHDO/VLP/09,14,21 dated 08.07.2014 respectively on the file of the respondent and quash the same.

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For Petitioner : Mr.S.Doraisamy For respondent : Mr.R.Ravi

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ORDER

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In all these writ petitions, a challenge is made to the notice issued by the respondent dated 08.07.2014.

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It is submitted by the learned counsel on either side that the issue involved in these writ petitions is covered by the decision of the Hon'ble Division Bench of this Court in W.A.Nos.309 to 377 of 2010 dated 25.08.2014, wherein, the appeals and writ petitions were disposed of on the following agreed terms:

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“(i) The petitions filed by the land owners stand dismissed.

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(ii) If the Indian Oil Corporation is satisfied with the performance of the Present M&H Contractors, no precipitative action would be necessary. If they are not satisfied, then they will put the relevant parties to notice of their intent to change on account of lack of performance, so that the parties have a right to explain their stand.

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(iii) Needless to say, if a new policy would come into operation, its applicability would depend on how that policy https://hcservices.ecourts.gov.in/hcservices/ is structured. No costs. Consequently, connected Miscellaneous Petitions are closed.”

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In the light of the order passed by the Hon'ble Division Bench, these writ petitions are also disposed of with the above agreed terms: (i) The petitions filed by the land owners stand dismissed. (ii) If the Indian Oil Corporation is satisfied with the performance of the Present M&H Contractors, no precipitative action would be necessary. If they are not satisfied, then they will put the relevant parties to notice of their intent to change on account of lack of performance, so that the parties have a right to explain their stand.

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(iii) Needless to say, if a new policy would come into operation, its applicability would depend on how that policy is structured. No costs. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar(AS)

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\True copy\

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Sub Assistant Registrar

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The Senior Divisional Retail Sales Manager, Indian Oil Corporation Ltd Trichy Divisional Office, Triveni 3^rd floor, B35 Shastri Road Thillai Nagar, Trichy.

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+3 CCs to Mr.R.RAVI, ADVOCATE SR.NOS.49914,49915 & 49916

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+3 CC to Mr.S.DURAISAMY, ADVOCATE SR.NOS.49911 TO 49913

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W.P(MD)Nos.12102 to 12104 of 2014

03.09.2014

NA/16/09/2014/P2/8C

https://hcservices.ecourts.gov.in/hcservices/

Tmt.S. Kasthuri, v. the Senior Divisional Retail

Case brief

What is this about?

What did the court decide?

Tmt.S. Kasthuri, v. the Senior Divisional Retail

Case brief

What is this about?

What did the court decide?

What the court decided

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