The court confirmed that a specific location's advertisement does not necessitate the land being in a specified village, protecting the applicant's legitimate expectation for dealership consideration.

JUDGMENT :

M.A. ABDUL HAKHIM, J.

1. The Petitioner has filed this Writ Petition seeking a Writ of Certiorari to set aside Ext.P9 Communication issued by the 3^rd Respondent to the Petitioner that the Petitioner is not eligible for Petroleum Retail Outlet Dealership as the Plot offered by the Petitioner is not in the advertised stretch, and seeking a Writ of Mandamus to the Respondent Nos. 1 to 3 to issue Allotment Letter confirming the Provisional Selection of the Petitioner for the Petroleum Retail Outlet Dealership for the location at Vazhichal on Kallikkadu – Panachamoodu Road on State Highway.

2. The 1^st Respondent issued Advertisement dated 28.06.2023, inviting Applications for Petroleum Retail Outlet Dealership at Vazhichal on Kallikkadu – Panachamoodu Road on the State Highway. The Petitioner submitted Ext.P1 Application dated 14.09.2023 in response to the Advertisement, producing Ext.P2 Possession Certificate, Ext.P3 Location Certificate, and Ext.P4 Affidavit executed by the landowners stating that in case the Petitioner is selected for the Dealership, they will lease their land having an extent of 900 Sq.Mtrs. in Survey No.5/20 of Amboori Village in Neyyattinkara Taluk to the Petitioner or to the 1^st Respondent/Oil Marketing Company and that they have no objection to use their land for setting up a Petroleum Retail Outlet by the Petitioner. As per Ext.P5 Communication dated 05.02.2024, the 3^rd Respondent informed the Petitioner that the Petitioner is the lone applicant to the advertised location and therefore the Petitioner is provisionally selected and that it is only a preliminary intimation and the award of the Dealership is subject to compliance with the terms and conditions of the 1^st Respondent. When the Petitioner was demanded to pay Rs.40,000/- towards the Initial Security Deposit and to upload the relevant documents, the same was complied with by the Petitioner. Since the Petitioner was not issued with the Letter of Intent, the Petitioner approached this Court by filing W.P.(C) No.20335/2024 and this Court passed Ext.P8 judgment dated 11.09.2024 directing the Respondent Nos.1 to 3 to conclude the selection process within an outer limit of two months. It is thereafter that the 3^rd Respondent has issued Ext.P9 Communication dated 30.09.2024 which has the effect of cancellation of the provisional selection as per Ext.P5.

3. The Respondents opposed the prayers in the Writ Petition by filing a Counter Affidavit. The Petitioner has filed a Reply Affidavit.

4. I heard the learned Counsel for the Petitioner, Sri.R.T.Pradeep and the learned Counsel for the Respondents, Sri. Paulose C. Abraham.

5. The learned Counsel for the Petitioner contended that the land offered by the Petitioner is situated in the place called Vazhichal in Amboori Village. Merely because the place Vazhichal is situated within Amboori Village, the Respondents cannot cancel the provisional selection of the Petitioner. The Advertisement issued by the Respondents does not mandate that the land offered should be in Vazhichal Village. The learned counsel further contended that originally, Vazhichal Village was alone there. Later, Vazhichal Village was bifurcated into Vazhichal Village and Amboori Village. The place called Vazhichal comes within Vazhichal Village and Amboori Village. The Petitioner has offered the land in Vazhichal in Amboori Village. So long as the Advertisement does not specify that the land should be in Vazhichal Village, the Respondents cannot cancel the provisional selection as per Ext.P9. The learned Counsel for the Petit