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2012 Supreme(Mad) 2637

D.MURUGESAN, K.K.SASIDHARAN
Indian Oil Corporation Ltd. , rep by the Senior Area Manager (Marketing Division) – Appellant
Versus
J. Ranjith – Respondent


Advocate Appeared:
For the Appellant:Abdul Saleem for Anand, Abdul, Vinoth Associates, Advocates.
For the Respondent:P. Mani, Advocate.

JUDGMENT

1. This Writ Appeal is directed against the order dated 22nd January 2011 in W.P. No.33430 of 2010, whereby and whereunder the learned Single Judge directed the Appellate to accept the alternative site suggested by the Respondent for construction of LPG godown, in spite of the mandatory condition that the site once indicated would not be permitted to be changed at a later point of time.

The background facts:

2. The Appellant issued a Notification on 6th February 2008 calling for Application for appointment as LPG distributor at Kaveripattinam in the District of Krishnagiri under open category. The Appellant in the said Notification very clearly indicated that the Applicants, who readily have suitable godown/land for construction of godown for storage of filled LPG cylinder and shop/land for construction of shop for showroom for setting up of LPG Distributorship or have a firm commitment from the land owner for purchase/lease would be given marks. There was a further stipulation that after the selection, if the Applicant, for any reason, is unable to construct the godown duly approved by the Chief Controller of Explosives, on the land/down indicated in the Application, the














































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