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2018 Supreme(Ker) 235

SHAJI P.CHALY
Karthika K. W/o Adarsh Gopalakrishnan – Appellant
Versus
Union of India Represented By the Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. S. Sreekumar, Sri. Jawahar Jose, Smt. Cissy Mathews, Sri. Sarun Rajan
For the Respondent: Sri. N. Nagaresh, Sri. M. Gopikrishnan Nambiar

JUDGMENT :

This writ petition is filed by the petitioner seeking to quash Ext.P5 order passed by the 3rd respondent dated 7.3.2018, whereby the candidature of the petitioner is rejected in respect of LPG distributorship and an amount of Rs.50,000/- deposited with the Corporation was forfeited in tune with clause No.5 of Ext.P1 Advertisement. The question emerges for consideration in this writ petition is whether non-compliance of a term in Ext.P6 unified guidelines to have a registered lease deed in respect of showroom is a mandatory requirement or an auxiliary one.

2. Material facts for the disposal of the writ petition are as follows; 2nd respondent along with other Government enterprise petroleum companies have jointly issued an advertisement in Malayala Manorama newspaper on 3.9.2017 inviting applications from eligible persons, for appointment as LPG distributors at different places/locations in the State of Kerala, evident from Ext.P1. Petitioner has applied in two locations specified in Ext.P1 i.e., Kanhangad and Cheemeni both in Kasaragod District. The location at Kanhangad was advertised on behalf of the 2nd respondent Corporation and the location at Cheemeni was advertised o
















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