IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:05.10.2010 CORAM: THE HONOURABLE Mrs.JUSTICE R.BANUMATHI W.P.No.17090 of 2003 M/s.G.K.M. Indane Gas Services, rep. by its Proprietor, R.Vimala, W/o.Gopalakrishnan 46/79, Ammal Eri Road, Ddagapatti Gate, Salem-6. ... Petitioner Vs. 1.The General Manager (TNSO), Indian Oil Corporation Limited, 139, Numgambakkam High Road, Chennai-34. 2.The Senior Area Manager, Indian Oil Corporation, Indane Area Office, 8/1079, Avanashi Road, Coimbatore-18. 3.The Special Officer, Ponni Co-operative Super Market, Indane Distributors, Salem. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other appropriate order or direction in the nature of writ directing the 1st and 2nd Respondents to implement the directives of the Ministry of Petroleum and Natural Gas in Proceedings No.P.20012/65/2000 HRT dated 17.09.2000 by preventing the 3rd Respondent from operating in the area allotted to the Petitioner i.e. Salem "C" Ammapet. For Petitioner : Mr.M.Devaraj For Respondents : Mr.S.Udayakumar SCGSC for R1 and R2 Mr.M.R.Raghavan for R3 ORDER Petitioner seeks for Writ of Mandamus directing the 1st and 2nd Respondents to implement the directives of the Ministry of Petroleum and Natural Gas in Proceedings No.P.20012/65/2000 HRT dated 17.09.2000 by preventing the 3rd Respondent-M/s.Ponni Co-operative https://hcservices.ecourts.gov.in/hcservices/ Super Market Indane Distributors from operating in the area allotted to the Petitioner i.e. Salem "C" Ammapet. 2. By the order of the 1st Respondent in TNL/S/725 dated 11.10.2001, the Petitioner was appointed as distributor of Indane gas for Salem "C" Ammapet, Salem District on the terms and conditions contained in the distributorship agreement. In the appointment order, it was categorically stated that the appointment of the Petitioner was subject to the final result in W.P.No.5688/2001 or any other case or appeal therefrom challenging the award of distributorship. 3. Mr.M.Devaraj, learned counsel for Petitioner submitted that Petitioner was granted dealership for Salem "C" Ammapet and while so, the 3rd Respondent-M/s.Ponni Co-operative Super Market Indane Distributors cannot operate in the same area i.e. Salem 'C" Ammapet, Salem District. 4. By perusal of the typed set of papers, it is seen that by the communication dated 29.10.2001 addressed to the 3rd Respondent- M/s.Ponni Co-operative Super Market Indane Distributors, the 2nd Respondent has directed the 3rd Respondent to hand over 2000 cards to newly appointed distributor i.e. the Writ Petitioner-M/s.GKM Indane Gas Service, Salem. The said letter dated 29.10.2001 reads as under;- " ... Kindly arrange to hand over 2000 cards to our newly appointed distributor at Ammapet, viz GKM Indane Gas Service, Salem immediately. The distributor will be handing over this letter in person. You may accordingly complete the handing over job immediately." 5. In the above said letter dated 29.10.2001, 2nd Respondent has issued a specific direction to the 3rd Respondent to hand over 2000 cards to the Writ Petitioner. In the said communication, the 2nd Respondent has not instructed or directed the 3rd Respondent not to operate in the same area allotted to the Petitioner i.e. Salem "C" Ammapet. Appointment of Petitioner as Indane Distributorship is subject to the terms and conditions contained in the distributorship agreement. When the 2nd Respondent has directed the 3rd Respondent to hand over only 2000 cards, the Petitioner cannot seek to restrain/prevent the 3rd Respondent from operating in Salem "C" Ammapet area. Petitioner could only insist for transfer of 2000 cards/connections from the 3rd Respondent. If really 2000 cards/connections have not been transferred to the Petitioner, it is always open to the Petitioner to bring it to the notice of the Respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/ 6. In the result, the Writ Petition is dismissed with above observation. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar bbr To 1. The General Manager (TNSO), Indian Oil Corporation Limited, 139, Numgambakkam High Road, Chennai-34. 2. The Senior Area Manager, Indian Oil Corporation, Indane Area Office, 8/1079, Avanashi Road, Coimbatore-18 3.The Special Officer, Ponni Co-operative Super Market, Indane Distributors, Salem. 1 cc To Mr.M.R.Raghavan, Advocate, SR.73993/10 1 cc To Mr.M.Devaraj, Advocate, SR.73581/10 1 cc To Mr.S.Udayakumar, Advocate, SR.73386/10 W.P.No.17090 of 2003 rsi(co) pmk.20.10.2010 https://hcservices.ecourts.gov.in/hcservices/