A writ petition challenging the rejection of a petitioner's candidature for an LPG dealership and subsequent forfeiture of deposit. The Madurai Bench of Madras High Court found no illegality in the rejection regarding land eligibility and dismissed the petition.
Writ Petition dismissed. No order as to costs. Connected Miscellaneous Petitions closed.
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.
W.P(MD)No.8394 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.8394 of 2018 and
W.M.P(MD)No.7945 of 2018
Kalpana Sasivarathan
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records from the second respondent relating to the impugned order dated 27.03.2018 passed in reference No.MDLRO/LPG/Online draw – GV and quash the same and consequently, direct the second respondent to allot the LPG dealership at Thadikarankonam, Thovalai Taluk, Kanyakumari District to the petitioner.
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| For Petitioner | : Mr.J.Barathan |
|---|---|
| For R – 1 | : Mr.R.Vijayarajan |
| For R – 2 | : Mr.M.Sridher |
W.P(MD)No.8394 of 2018
ORDER
This Writ Petition has been filed challenging the order passed by the second respondent, dated 27.03.2018, thereby rejected the petitioner's candidature and also forfeited the deposit.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The second respondent called for the appointment of dealers for distribution of the Liquefied Petroleum Gas (in short hereinafter referred to as 'LPG') in the State of Tamil Nadu and Puducherry. The petitioner had applied for the appointment of the dealership for the place Thadikarankonam, Thovalai Taluk, Kanyakumari District. It was earmarked for the dealership of the second respondent and it is reserved for scheduled caste (women category). It is to be called as a Gramin Vitrak, since it is located in the rural area. As per the Brochure, if the land offered by the
candidate in the application or alternate land offered by the 2/6
W.P(MD)No.8394 of 2018
candidate at the time of field verification of credentials, as laid down in the notification. Accordingly, the lands shall have a minimum dimension of 21 meters X 26 meters for the LPG godown. Further, the applicant should own a suitable shop for showroom or a plot of land for construction of a showroom of a minimum size of 3 meters X 4.5 meters. On field verification of credentials, if anything is found not meeting the eligibility requirement as stipulated in the brochure, the selected candidate can offer an alternate land owned by the applicant or a member of his family unit.
4.The petitioner applied through online on 12.09.2017 and deposited the amount through a demand draft for field verification of credentials. Accordingly, the field verification of credentials was carried out on 16.12.2017. However, the candidature of the petitioner was rejected by an order dated 27.03.2018 on the ground that as per Clause 8-(A)(m) of the Brochure, the land which was shown in the application does not meet the minimum eligibility criteria dimensional requirement of 21 meters X 26 meters. Further, as per Clause 1-(w)(b) and (18) of the Brochure, the petitioner failed to produce any alternative land.
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W.P(MD)No.8394 of 2018
5.In view of the above, this Court finds no infirmity or
illegality in the order passed by the second respondent, dated 27.03.2018. Therefore, the Writ Petition itself is devoid of merits and the same is liable to be dismissed.
6.Accordingly, this Writ Petition is dismissed. There shall
be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
12.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes ps
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W.P(MD)No.8394 of 2018
To
Madurai – 625 008.
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W.P(MD)No.8394 of 2018
G.K.ILANTHIRAIYAN, J.
ps
Order made in W.P(MD)No.8394 of 2018
12.11.2024
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1 issue framed by the court
Whether the rejection of the petitioner's candidature for an LPG dealership on the grounds of failing to meet land dimension requirements was legally infirm.
Kalpana Sasivarathan
Union of India
Hindustan Petroleum Corporation Limited
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
