A writ petition challenging the rejection of an applicant for an LPG distributorship. The court set aside the order and directed the respondent to reconsider the case based on a Tahsildar's certificate clarifying the land's location.
Impugned proceedings set aside; respondent directed to reconsider petitioner's case based on Tahsildar's certificate.
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 : 17.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.5583 of 2018
P.Shanmugam .. Petitioner
-vs-
The Bharat Petroleum Corporation Ltd (BPCL) rep.by its Territory Manager-LPG Coimbatore LPG Plant Post Box No.1644, Peelamedu Coimbatore 641 004 Coimbatore District .. Respondent
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the impugned order dated 03.03.2018 vide in Ref.CBE:LPG:DOKKUBODANAHALLI:GV (Open) passed by the respondent herein and quash the same, consequently direct the respondent herein to issue Letter of Appointment to the petitioner for the LPG Distributorship in Dokkubodanahalli, Nallampalli Block, Dharmapuri District forthwith.
This writ petition is directed against the impugned order dated 3.3.2018 issued by respondent, namely, the Territory Manager-LPG, Bharat Petroleum Corporation Limited, Coimbatore LPG Plant, to quash the same with a consequential direction to the respondent to accept the land offered by the petitioner at Door No.3/74 in S.F.No.583/24 of Dokkubodanahalli Village, Nallampalli Taluk, Dharmapuri District and issue letter of appointment to the petitioner for the LPG Distributorship in Dokkubodanahalli, Nallampalli Block, Dharmapuri District forthwith under Gramin Vitrak (Open) category.
calling for applications for appointment of the LPG Distributorship for Dokkubodanahalli village, Nallampalli Taluk, Dharmapuri District under the open category, the petitioner applied for the same on 25.9.2017. Further, the petitioner was successfully selected for appointment of dealership for the Dokkubodanahalli location. As per the requirements of the advertisement, the petitioner had offered the land in Door No.3/74 in S.F.No.583/24 of Dokkubodanahalli Village Panchayat, Nallampalli Taluk, Dharmapuri District for the purpose of constructing LPG Godown and Gas Showroom through Lease Deed dated 22.9.2017 registered as Document No.2727 of 2017 on the file of the Sub-Registrar, Dharmapuri (West) and the petitioner has submitted all the required documents as advertised. Thereafter, the respondent came for verification of the location and raised the issue as to why the name Gettupatti is mentioned and the petitioner explained that it is only Dokkubodanahalli village and Gettupatti is a hamlet/sub village and part of Dokkubodanahalli Village. But, without appreciating the explanation offered by the petitioner, the respondent has proceeded as though the land comprised in the lease deed is different from the advertised location and rejected the case of the petitioner in the impugned order.
petition stands allowed with liberty to the petitioner to produce any other documents, if any possessed by him to substantiate his claim. Consequently, W.M.P.No.6905 of 2018 is closed. No costs.
Sd/-
Deputy Registrar
//True Copy//
Sub Assistant Registrar
ss
To
1. The Territory Manager-LPG
Bharat Petroleum Corporation Ltd (BPCL)
Coimbatore LPG Plant
Post Box No.1644, Peelamedu
Coimbatore 641 004
+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.47431
+1cc to M/s King & Partridge, Advocate, S.R.No.47229
W.P.No.5583 of 2018
CS/26/07/18
1 issue framed by the court
Whether the impugned order rejecting the petitioner's candidature for LPG distributorship was sustainable in light of the Tahsildar's certificate confirming the land falls within the advertised locati
1 provisions across 1 enactments
P. Shanmugam
The Bharat Petroleum Corporation Ltd (BPCL)
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
