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2021 Supreme(Mad) 515

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
K. R. Selvakumar – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Animal Husbandry, Dairy and Fisheries (FS-3) Department, Chennai – Respondent


Advocates Appeared:
For the Appellant :L. Chandrakumar, Advocate.
For the Respondents: V. Jayaprakash Narayanan, State Govt. Pleader.

JUDGMENT :

Sanjib Banerjee, J.

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 28.02.2020 made in W.P.No.5246 of 2018.

1. The matter pertains to a Government Order providing exemption to certain government operated agencies and not extending the exemption to private diesel bunk operators. The writ petitions filed by the appellant herein and others of his ilk have been dismissed on the ground that they were unmeritorious.

2. The appellant says that the appellant operates a private diesel bunk, but the appellant supplies diesel only to fishermen and not to any other person. The appellant claims that since the appellant's operations are restricted to fishermen who ought to be regarded as a separate and favoured class, the exemption should also have been extended to the appellant. The other writ petitioners were apparently similarly placed private diesel bunk operators.

3. The appellant refers to a previous Division Bench judgment of this Court rendered on November 26, 2013 in W.A.Nos.1798 to 1800 of 2011. By such judgment, the writ petitions filed by authorised and recognised private diesel outlets seeking supply of diesel at par with government operated

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