By consent, petitioner challenged the legality of an LPG dealership draw alleging violation of local representation rules. Court found a decision to redraw was made. Petition closed with liberty to respondent to conduct redraw.
Writ petition closed; respondent given liberty to proceed afresh by conducting a redraw as per procedure.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2015
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
W.P. No. 35273 of 2013 & Mp.Nos.1/2013 & 1/2015
K.Vijayakumar ...Petitioner
Vs.
Rep by its Senior Area Manager, Indane Area Office, B-35, Shastry Road, Tillai Nagar, Trichy - 600 018.
PRAYER: This petition is filed under Article 226 of the Constitution of India praying to issue a writ declaring the Draw conducted on 12.12.2013 with respect to the advertised serial No. 61 calling for dealer in Anumandhai/Konimedu Village violating the Rule 3(b) and 8 of the terms and condition of the appointment of dealers advertised by the first respondent along with two other oil companies dated 29.05.2013 as illegal, null and void and to direct the first respondent to call for re draw adhering to the rules 3 and 8.
For Petitioner : Mr.K.Sabapathy,
For Respondent No. 1 : Mr.Mohammed Fayaz Ali,
ORDER
By consent of both the parties, the writ petition is taken up for hearing today.
made to conduct redraw as per the ruling and regulation. It is also to be seen that no right has been accrued by the respondent No. 2 as of now.
Sd/
ASSISTANT REGISTRAR(CS-V)
/TRUE COPY/
SUB-ASSISTANT REGISTRAR
rms
To
The Senior Area Manager,
Indian Oil Corporation,
Indane Area Office, B-35, Shastry Road,
Tillai Nagar, Trichy - 600 018.
+1 CC to MR.Mohammed Fayaz Ali Advocate. SR.NO. 66214
W.P.No. 35273 of 2013
CO-MSM
JD 22/12/2015
1 issue framed by the court
Whether the dealership selected violating the terms and conditions and declaring the draw illegal warrants a declaration and a direction for a redraw.
2 provisions across 2 enactments
K. Vijayakumar
Indian Oil Corporation
R. Rathina Kumar
M.M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
