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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Arsath Abdulla – Appellant
Versus
General Manager, Hindustan Petroleum Corporation Limited – Respondent
ORDER :
(D. BHARATHA CHAKRAVARTHY, J.)
This Writ Petition is filed for a Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent made in Ref:CBERO/RET/AAK/946, dated 06.03.2024 and quash the same and consequently, direct the respondents to accept the petitioner's lease deed, dated 17.07.2023 and rectification deed, dated 11.08.2023 and to declare the petitioner as the respondents' dealer as per the communication, dated 13.12.2023.
2. The case of the petitioner is that the respondents issued an advertisement on 28.06.2023 calling for applications for appointment of dealership for retail outlets throughout the state of Tamil Nadu and Puducherry and the last date for submission of application was 27.09.2023. The petitioner made an application on 20.07.2023 with the application fee and other required attachments for the location that is situated from Bramadesam to Anthiyur on Anthiyur Appakudal Road. Based on the drawal of lots which took place on 12.12.2023, the petitioner was provisionally selected and the same was intimated to the petitioner by the communication, dated 13.12.2023. Thereafter, a show-cause notice was issued on 01.02.2024 b
A typographical error in a lease deed does not disqualify an applicant for a dealership if rectified before the application deadline, as it relates back to the original deed.
The rectification deed did not materially affect the offer of land made at the initial stage and fell under the enabling provisions of the Guidelines. The court emphasized that the rectification deed....
The court upheld the cancellation of the petitioner's LOI due to failure to meet ownership requirements as per tender rules, emphasizing fairness in the selection process.
The court confirmed that writ jurisdiction under Article 226 assesses the decision-making process rather than the decision's correctness, affirming valid grounds for refusing an application due to no....
The court affirmed that its jurisdiction under Article 226 is to evaluate the decision-making process rather than the merits of the decision itself.
Compliance with lease deed requirements in dealer selection guidelines is mandatory, rendering any submission lacking full execution invalid.
Inadvertent clerical errors in applications do not constitute non-rectifiable deficiencies under dealer selection guidelines, allowing for correction without affecting material particulars.
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