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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Murugannan Janarthanam – Appellant
Versus
Indian Oil Corporation Limited – Respondent
ORDER :
D.BHARATHA CHAKRAVARTHY, J.
This Writ Petition is filed for a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent vide order dated 28.03.2023 upholding the cancellation of the petitioner’s LOI in Ref.SRMP18/380/LOI Cancellation dated 06.01.2021 of the 2nd respondent, quash the same and consequently direct the 2nd respondent to award the petroleum retail outlet dealership at Vandavasi – Mambattu (on SH-115) Tiruvannamalai District, to the petitioner forthwith.
2. The factual background in which the Writ Petition arises is that the petitioner participated in the tender for selection of the licensees for a retail outlet located at the above mentioned place at Mambattu. The petitioner had duly submitted his application. The petitioner was selected being the highest bidder in Group-I. While, scrutinising the documents submitted by the petitioner in respect of the location of the outlet, it is seen that the petitioner had originally submitted a lease deed 24.12.2018, thereby getting the subject matter land on lease from J.Rajarajan and J.Shanmugam. It is seen that the said land originally belong to Janakiraman and apart
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 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....
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
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.
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
A valid lease for property must be executed by all co-owners, particularly when the property is under dispute and partition has not been completed.
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 availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition, especially in cases where there has been a violation of the principle of natural justice ....
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