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2009 Supreme(Mad) 5561

K.CHANDRU
H. P. Auto Care, Dealer, Hindustan Petroleum Corporation Ltd. , operated by its Land Owner R. Ramkumar Coimbatore District & Others – Appellant
Versus
The Secretary, Ministry of Petroleum, Oil and Natural Gas, Government of India, New Delhi & Others – Respondent


Advocates appeared:
For the Petitioners:V.P. Sengottuvel, S. Doraisamy, Advocates, V.T. Gopalan, SC, for V. Chandrakanthan, AL. Gandhimathi, P. Jagadeesan, R. Subramaniam, Advocates.
For the Respondents:T.R. Rajagopalan, SC, for R4, R4, R. Ravi, Vijayan King & Patridge, R1, M. Gopikrishnan, Advocates.

Judgment

Heard both sides. In all these writ petitions, the petitioners are the land owners and have given their lands for running retail outlets of the Indian Oil Corporation or Hindustan Petroleum Corporation Ltd. or IBP Co. Ltd., as the case may be, and are demanding grant of regular retail outlet dealership on the basis of land owners category. All these matters were heard on 20.11.2009 and orders were reserved.

2. In W.P.No.19757 of 2007, the said writ petitioner is one Sathyamangalam Lorry Owners Association represented by its President, seeking for a writ of declaration declaring that action of respondents 2 to 4 in not applying the policy dated 10. 2002 in ref. Policy/MDPM No.319/02 in respect of the retail outlet situated at Satyamangalam and further action in seeking to apply the revised policy of the first respondent dated 9. 2006 regarding the appointment of regular dealer for the said outlet as arbitrary, illegal, colourable exercise of power, violative of fundamental right guaranteed under Articles 14 and 19 of the Constitution of India and contrary to the policy of the first respondent dated 10. 2002. The said writ petition was heard on 211. 2009 and orders were res























































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