IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WA.No. 2300 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.6166/2009 Dated 07/09/2009 .................... APPELLANT/PETITIONER IN WPC: ------------------------------------ SHEEJA EMMANUEL W/O. ADV. SEBASTIAN K.JACOB, KAYKULATH HOUSE, CHARAL.P.O., IRITTI, KANNUR DISTRICT PIN-670706. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE GENERAL MANAGER THE INDIAN OIL CORPORATION LTD., KERALA STATE OFFICE PANAMPILLY VENUE PANAMPILLY NAGAR.P.O. ERNAKULAM-682036. 2. THE CHIEF AREA MANAGER THE INDIAN OIL CORPORATION LTD (MARKETING DIVISION) INDANE AREA OFFICE, PANAMPILLY AVENUE PANAMPILLY NAGAR.P.O., ERNAKULAM-682036. BY SRI. E.K. NANDAKUMAR, SC, IOC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2300 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. Rejection of the application of the appellant/petitioner for the Liquefied Petroleum Gas(LPG) distributorship is challenged before this Court in WP(C) No.6166 of 2009. 2. Though the petitioner/appellant had filed an application for appointment as LPG distributor at Iritti in Kannur District, the same was rejected on the ground that the affidavit filed along with the application is not in the prescribed form. It is this rejection which is assailed before the learned Single Judge. 3. Considering the fact that time and again this Court as well as the Apex court have held that omissions or defects in the application forms submitted to the authorities would automatically disentitle the applicant from being considered and this Court in exercise of writ jurisdiction normally should not interfere with such rejection. Almost in similar WA No.2300 of 2009 -:2:- situations a Division Bench of this Court, in WA No. 2274 of 2008, has rejected similar contentions of the applicant. 4. In our view, while applying for the dealership the applicant-appellant/petitioner is expected to comply with all the conditions prescribed in the notification and if there is a failure whether by mistake or deliberate, the same cannot be corrected thereafter and that will disqualify him from consideration. As such, as the learned Single Judge, in our view, has rightly found the defect against the appellant in the light of the pronouncement of judgment as above. We find no merit in the appeal and accordingly it is dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb