Compliance with the requirements of the notification, including furnishing land details for distributorship, is essential for consideration of the appeal.

K.RAVIRAJA PANDIAN, J.

The appellant, in this appeal put in issue the order of the learned Judge dated 18.2.2003 made in W.P.No.322 of 2001, wherein the selection list of the 3rd respondent dated 16.12.2000 for the distributor dealership of L.P.G for Palladam area has been set aside and the authorities concerned were permitted to proceed with fresh selection. In the writ petition the first respondent, one of the applicants for the grant of distributorship of L.P.G. for Palladam assailed the selection of list of the third respondent awarding more marks to the appellant besides two others, the 4th and 5th respondents, as arbitrary and against clause (v) of the notification by which applications were called for, for the grant of distributorship.

2. The learned Judge on facts and on interpretation of clause (v) of the notification found that the selection list made by the 3rd respondent lacked transparency in awarding marks in the sense that there was no decision or findings with respect to the basis for awarding marks and ultimately found that the procedure followed by the 3rd respondent was contrary to the direction issued by this Court in the case of V.CHANDRAN vs. OIL SELECTION BOARD MADRAS (AIR 1996 MADRAS 87) and set aside the selection list. The appellant, who was awarded with 253 marks in the selection list now filed the appeal.

3. The one and only point that has been argued by Mr.R.Subramanian, learned counsel for the appellant is that Clause (v) of the notification does not require the applicants to give details about the land owned or possessed that would be given for distributorship at the time of submitting the application and it would be enough if the selectee offered the land for distributorship within two months of selection. He further contended that the appellant had not claimed any preference under clause (v) and had been selected on his own other merits. Hence the order made in W.P.No.322 of 2001 has to be set aside by allowing this appeal. He placed reliance on the judgment of Calcutta High Court in CHINMOY SARKAR & OTHERS VS. MD. SHANIAT HOSSAIN & OTHERS (AIR 1990 CALCUTTA 412).

4. We heard the arguments of the counsel for the appellant and carefully perused the materials, particularly clause (v) of the notification, on which much argument was made. In order to appreciate the argument, we feel it is necessary to extract clause (v) of the notification which is in vernacular runs as follows:-

5. A mere reading of the clause makes it clear that the clause contains the following four limbs.

i. The applicants shall furnish complete details of the land to be offered for distributorship along with the application.

ii. That the location of the land so offered by the applicants would be considered on the commercial point of view by the Corporation.

iii. Preference would be given to the applicant who would offer to sell or give in long term lease to the Corporation the land the details of which were given in the application for the price acceptable to the Corporation.

iv. If the selectee is not able to so offer the land, the details of which were already furnished within two months, the dealership granted in favour of the selectee would be cancelled.

6. From the above, it is clear that the applicants have to furnish the details of the land, which they intend to offer for dealership along with the application for dealership. The suitability of the land so offered by the applicants would be considered by the Corporation from the commercial point of view. A conjoint reading of the first two limbs of the clause would manifestly make it clear that the applicants should give the details of the land along with their application so as to enable the Corporation to evaluate more suitable land from the commercial point of view.

7. The third limb of the clause gives preference to the applicants who offered to sell away the land or lease it for long term to the Corporation, the details of which were already furnished along with th