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2009 Supreme(Mad) 5310

P.JYOTHIMANI
P. M. Somasundaram & Son rep. By its Prop. P. S. Muthuswamy Karur & Others – Appellant
Versus
The Commissioner of Civil Supplies and Consumer Protection Department, Chepauk, Chennai & Others – Respondent


Advocates appeared:
For the Petitioners:D. Peter Francis, Advocate.
For the Respondents:R. Murali Government Advocate.

Judgment

In all these cases, the orders impugned are dated 010. 2007, passed by the first respondent, the Commissioner of Civil Supplies and Consumer Protection Department, Chennai 5, which are in the form of instructions and also the consequential orders passed by the respective District Collector and the District Revenue Officer, who are the second respondents.

2. In W.P.No.702 of 2008, the petitioner’s father Somasundaram, was the holder of registration certificate No.18/1974 for trading in kerosene, issued under Rule 5 of the Tamil Nadu Kerosene (Regulation and Trade) Order, 1973 ( in short, "the Order") and he was a retail vendor in distributing kerosene to the family card holders as per the allotment and as per the directions of the respondents. It is stated by the petitioner that his father executed a deed of partnership on 05.06.1993, creating a firm M/s.P.M.Somasundaram and Sons and based on the partnership deed he applied to the District Supply Officer, the third respondent, to recognize M/s.P.M.Somasundram and Sons as the retailer in kerosene, and the same was granted by the third respondent on 10.05.1993, permitting to operate in the registration certificate No.18/1974 a






























































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