M/s. G.B.Agency Vs The Divisional Retail Head

The Divisional Retail Head, Indian Oil Corporation Limited, (Marketing Division) Trichy Divisional Office, “Triveni” 3^rd Floor, B-25 Shastri Road, Thillainagar, Trichy-18, Trichy District. ...Respondent

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Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to provide petrol and diesel load to petitioner's pump station as per the order made in W.P(MD)No.19898 of 2025 on the file of this Court dated 25.07.2025, in the light of his representation dated 05.03.2026 within a

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.8269 of 2026

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stipulated period as may be fixed by this Court.

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For Petitioner :Mr.R.Sundar For Respondents :Mr.K.Muraleedharan Standing Counsel

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ORDER

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This writ petition is filed for a mandamus directing the respondents to

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provide petrol and diesel load to the petitioners pump station as per the order made in W.P(MD)No.19898 of 2025 on the file of the this Court, dated 25.07.2025, in the light of the representation of the petitioner dated 05.03.2026.

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2.Upon hearing the learned counsel for the petitioner and perusing the medical records of the case, the case of the petitioner is that he is the proprietor of GB Agency, which has been licensed to run the said retail outlet. While so, there was some difficulty in complying with the minimum takeoff and therefore, when earlier with an order dated 11.07.2025 was passed, taking over the retail outlet, the petitioner filed W.P(MD)No.19898 of 2025 and by an order dated 25.07.2025, the Writ petition was disposed of with the following directions and paragraph 11 and 12 of the said, the order is extracted hereunder:

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“11.However, since the petitioner has developed the infrastructure and had difficulties on account of the several reasons to revive the retails outlets, one last opportunity is

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W.P(MD)No.8269 of 2026

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given to the petitioner to revive the retail outlet by taking the load as per the requirements of the contract, starting from 31.07.2025. In case the petitioner fails to maintain the minimum off take in the future, the respondent is at liberty to take over the retail outlet once again and proceed in accordance with law.

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12.The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.”

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3.Pursuant thereto, the petitioner was always ready and willing to take the minimum off-take and he also made a representation on 03.08.2025 enclosing a sum of Rs.10,00,000/-. The matter was also referred to mediation, and even in the mediation, the petitioner offered to pay further amounts. However, the permission is not being granted and the loads are not being supplied. Therefore, the petitioner is before this Court.

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4.The learned counsel, taking notice on behalf of the respondent Corporation would submit that while the petitioner was causing loss to the Corporation by not running the bunk and was not effecting the sale transaction to the level of minimum off-take and on 16/2/2026 to cancel the dealership when a showcase notice issued without furnishing any reply to the showcase notice, the petitioner now made a representation dated 05.03.2026 enclosing demand draft for another Rs.15,00,000/- and is now

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W.P(MD)No.8269 of 2026

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approaching this Court. The respondent corporation has given a long rope to the petitioner and at this point of time and the petitioner has not taken proper steps as per the earlier direction of this Court. The prayer cannot be countenanced.

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5.It is submitted by the learned counsel for the petitioner that even now they only enclosed a photocopy of the Demand Draft and they have not produced the original demand draft to the corporation.

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6.I have considered the rival submissions made on either side and perused the material records of the case.

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7.It is the case of the petitioner that he has complied with the earlier directions as made by this Court in W.P(MD)No.19898 of 2025. The said factual position is denied by the respondent Corporation and they have issued a show cause notice. In any event, after the showcase notice is given, the petitioner has made a detailed representation on 05.03.2026 along with the Demand Draft.

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8.Within one week from the date of receipt of a copy of the order, the petitioner shall also make any additional representation a meeting out all the

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W.P(MD)No.8269 of 2026

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allegations made in the show cause notice by considering the offer of the petitioner by enclosing the demand draft and also the explanation, let a final decision be taken by the respondent company in the manner known to law. As and when the reply is given, let final orders be passed in accordance with law within a period four weeks from the date of the making of the representation.

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9.This Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

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27.03.2026

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NCC:Yes/No Ns

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D.BHARATHA CHAKRAVARTHY, J.

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