IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.04.2010
CORAM:
THE HON'BLE MR. JUSTICE N.PAUL VASANTHAKUMAR
W.P.No.7282 of 2010
& M.P.No.1 of 2010
1 H.THIYAGARAJ [ PETITIONER ]
Vs
1 THE INDIAN OIL CORPORATION LTD
REP.BY ITS CHIEF RETAIL MARKETING MANAGER
SOUTHERN REGION, INDIAN OIL BHAVAN
NO.134, NUNGAMBAKKAM HIGH ROAD
CHENNAI-34
2 THE SENIOR DIVISIONAL RETAIL SALES MANAGER
COIMBATORE DIVISIONAL OFFICE
INDIAN OIL BHAVAN
8/1079 AVINASHI ROAD
COIMBATORE-641 018
[ RESPONDENT ]
Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified mandamus to call for the records relating to the order under Ref:CBDO:E:DLR dated 25.3.2010 of the 2nd respondent herein and quash the same and consequently direct the 2nd respondent herein to grant approval for the re-organization proposal submitted by the petitioner for the Retail Outlet of M/s.Shanthi Super Service, Donnington Road, Kothagiri The Nilgiris District.
For Petitioner : Ms.AL.Ganthimahi
For Respondents : Mr.Abdul Saleem for
M/s.Anand & Abdul Vinoth Associates
O R D E R
The prayer in the Writ Petition is to quash the order dated 25.3.2010 passed by the 2nd respondent and to direct the 2nd respondent to grant approval for the reorganisation proposals submitted by the petitioner for the retail outlet of M/s.Shanthi Super Service, Donnington Road, Kothagiri The Nilgiris District.
2. The learned counsel for the respondents on instructions submits that on 23.3.2009 an application was submitted by the petitioner with a covering letter without all details and therefore the impugned order was passed, giving directions to the petitioner to furnish all the details with regard to the reorganisation of the retail outlet dealership. The learned counsel also submits that if the petitioner approaches the 2nd respondent within a period of four weeks with all the details, the 2nd respondent is willing to consider the reorganisation of the retail outlet and pass necessary orders. The learned counsel further submits that till orders are passed in the application to be submitted for reorganistion of the retail outlet, the petitioner Will not be disturbed. The learned counsel also submits that 30 days time may be given to the 2nd respondent to consider the application to be submitted by the petitioner so that he will be in a position to pass orders. The said submission made by the learned counsel for the respondents is recorded.
3. In the light of the said submission, the writ petition is disposed of granting liberty to the petitioner to apply in the proper form with all the details for reorganisation of the retail outlet dealership within a period of four weeks from the date of receipt of a copy of this order in line with the 2nd respondent’s letter dated 18.11.2008 and the second respondent is directed to consider the said application to be submitted by the petitioner within 30 days thereafter. No costs. The connected Miscellaneous Petition stands closed.
19.04.2010
Index:Yes/no
Internet:Yes/no
ajr
To
1 THE CHIEF RETAIL MARKETING MANAGER
INDIAN OIL CORPORATION LTD
SOUTHERN REGION, INDIAN OIL BHAVAN
NO.134, NUNGAMBAKKAM HIGH ROAD
CHENNAI-34
2 THE SENIOR DIVISIONAL RETAIL SALES MANAGER
COIMBATORE DIVISIONAL OFFICE
INDIAN OIL BHAVAN
8/1079 AVINASHI ROAD
COIMBATORE-641 018
N.PAUL VASANTHAKUMAR,J.
AJR
W.P.No.7282 of 2010
19.04.2010