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 on behalf of the Bharat Petroleum Corporation Limited, evident from Ext.P2. According to the petitioner, petitioner is having all the eligibility criteria for being selected as a LPG distributor. Apart from the petitioner, eight other persons had applied in respect of the location at Kanhangad. Petitioner was selected by conducting draw of lots from among the nine eligible applicants on 6.12.2017 by the District Collector, Kannur. The selection of the petitioner was intimated as per Ext.P3 dated 7.12.2017.

3. Accordingly petitioner was directed to deposit an amount of Rs.50,000/- and also directed to submit the required documents, which are specified in Ext.P3 document. Petitioner submitted the documents and accordingly the field verification was conducted by the Officers of the 2nd respondent on 27.1.2018. However, after the field verification, the selection of the petitioner for Kanhangad is rejected for the reason that, the land offered by the petitioner for showroom is found not meeting the eligibility conditions as per the criterion of selection, and laid down guidelines, for having a registered lease deed only for a period of 5 years against the stipulation for a period of 15 years. It is thus challenging Ext.P5 and seeking other consequential reliefs this writ petition is filed. It is also the case of the petitioner that, petitioner had a registered lease deed of showroom on 21.1.2018 for 5 years evident from Ext.P7 and an unregistered lease deed for a period of 15 years from 24.1.2018. Therefore, according to the petitioner, petitioner has satisfied the requirements contained under Ext.P1 advertisement and Ext.P6 guidelines for selection.

4. I have heard learned Senior Counsel for petitioner, learned ASGI, learned counsel appearing for respondents 2 to 4 and perused the pleadings and documents on record.

5. The subject issue revolves around sub-clause (w) of clause 1 read along with clause 8(n) of Ext.P6 guidelines, which read thus:

1(w) “Ownership” or “Own” for godown/showroom for Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak and Durgam Kshetriya Vitrak Type of Distributorship means having:

a. Ownership title of the property Or

b. Registered lease deed having minimum 15 yrs of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any).

Additionally, applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. The applicant should have ownership as defined under the term 'Own' above in the name of applicant/member of “Family Unit” (as defined in multiple dealership/distributo