W.P.No.2557 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2023

CORAM

THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN

Writ Petition No.2557 of 2021

and

Writ Miscellaneous Petition No.2899 of 2021

and

Writ Miscellaneous Petition No.30996 of 2022

Murugannan Janarthanam

... Petitioner

Versus

1. Indian Oil Corporation Limited,

Rep by its Chief Executive Officer,

Indian Oil Bhawan,

G-9, All Yavar Jung Marg,

Bandra (East)

Mumbai-400 051.

2. The General Manager,

The Indian Oil Corporation Ltd.,

(Regional Office) Chennai,

Indian Oil Bhavan, Nungambakkam,

Chennai – 600 034.

3. The Divisional Manager,

Indian Oil Corporation Ltd.,

Chennai Divisional Office,

500, Anna Salai, Teynampet,

Chennai – 600 018.

4. Sankar Annamalai

... Respondents

(R4 impleaded vide order dated 22.08.2022

made in WMP No.16540/022)

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W.P.No.2557 of 2021

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Certiorarified Mandamus, calling for the

records relating to the impugned order passed by the 2^nd respondent vide

his letter in Ref.SRMP 18/380/LOI Cancellation dated 06.01.2021 and

quash the same as illegal and consequently, to direct the 2^nd respondent to

process forthwith the petitioner's application No.15457158064365 dated

25.12.2018 for award of Petroleum Retail Outlet Dealership at

Vandavasi-Mambattu (on SH-115) Tiruvannamalai District.

For Petitioner

: Mr. K. P. S. Palanivel Rajan

For R1 to R3

: Mr. V. Anantha Natarajan, (IOCL)

For R5

: Mr. J. Muthukumaran

ORDER

The Writ Petition has been filed by Murugannan Janarthanan, in

the nature of a Writ of Certiorarified Mandamus, seeking records relating

to the impugned order of the 2^nd respondent, the General Manager,

Indian Oil Corporation Limited at Nungambakkam in Chennai, in Letter

No.Ref.SRMP18/380/LOI, dated 06.01.2021 whereby, the 2^nd

respondent had cancelled the letter of indent given to the petitioner

herein and to further process the application of the petitioner bearing

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W.P.No.2557 of 2021

No.15457158064365, dated 25.12.2018, for grant of Petroleum Retail

Outlet Dealership at Vandavasi – Mampattu SH 115, Tiruvannamalai

District.

2. The petitioner had applied for dealership of the aforementioned

Petroleum Retail Outlet at Vandavasi – Mampattu SH 115. He was

declared as a successful candidate after process of selection by the 2^nd

respondent herein. Thereafter there was an obligations on the petitioner

to produce relevant documents.

3. The petitioner claims that he had produced the relevant

documents. However, on perusal of the documents, raising various

issues, the 2^nd respondent by the impugned order dated 06.01.2020, had

cancelled the letter of indent given to the petitioner herein.

4. This had given necessity to file the present Writ Petition.

5. The next candidate who would be then automatically selected

would be Sankar Annamalai, who had filed W.M.P.No.30996/2022.

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W.P.No.2557 of 2021

6. Necessity for filing such miscellaneous application, was owing

to the fact that earlier the Writ Petitioner had the benefit of an interim

Stay. Owing to that grant of stay, the 2^nd respondent had not moved

forward to grant the letter of indent in favour of the petitioner in

W.M.P.No.30996/2022.

7. A perusal of the impugned order shows that the 2^nd respondent

had practically entered into a discussion on the documents which had

been presented by the petitioner herein. He examined the Schedule of

properties in the Lease Deed, dated 24.12.2018 and thereafter, examined

the Rectification Deed, which was registered on 25.11.2019, with respect

to the Clauses in the original Lease Deed, dated 24.12.2018 and also

examine further in the Rectification deed, dated 28.09.2020, for

correcting the Schedule of the original Lease Deed.

8. Thereafter,