IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WA.No. 1583 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13257/2011 Dated 01/09/2011 .................... APPELLANT(S): PETITIONER ------------------------ VASUDEVAN, S/O. NANU, AGED 65 YEARS, SEEMALAYAM, THIRUVONAM, TKM COLLEGE P.O., KOLLAM, FROM KALLAYATH, KILIKOLLUR, KALLUMTHAZHAM P.O., KOLLAM-691 004. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): RESPONDENTS -------------------------- 1. INDIAN OIL CORPORATION LTD., 3079/3, J B TITO MARG, SADIQ NAGAR, NEW DELHI-110 049, REPRESENTED BY ITS CHAIRMAN. 2. THE DIVISIONAL RETAILS SALES MANAGER, PREMIER PARK, INCHEKAL BYE-PASS ROAD, VALLAKKADAVU, THIRUVANANTHAPURAM-6 95 008. MR.E.K.NANDAKUMAR, SC FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & K.VINOD CHANDRAN, J. .................................................................... W.A. No.1583 of 2011 .................................................................... Dated this the 8th day of November, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This Writ Appeal is filed against the judgment of the learned Single Judge declining to grant appellant's request for being considered by the 1st respondent for allotment of retail outlet for sale of petroleum products. 2. Admittedly, the applicant has to state in the application as to whether the applicant is the holder of Letter of Intent (LOI) issued by any other Public Sector Company. The appellant stated in the application submitted to the respondents that he is not the holder of any LOI and the said application was submitted by the appellant on 22/12/2004. However, another Public Sector Company, viz. M/s.Hindustan Petroleum Corporation Ltd., informed the respondent that on 20/10/2004 they have issued a LOI, which was valid as on the date of filing the application by the appellant before the W.A.No.1583/2011 2 respondents. We feel the contention of the respondents, which found acceptance by the learned Single Judge that the appellant suppressed material fact in regard to the LOI issued and held by him, is correct and so much so, the appellant was rightly disqualified. However, the appellant's counsel submitted that the LOI issued was not pursued because M/s.HPCL gave up the pump in the location originally proposed on account of construction of straight high way deviating from the new highway. We feel, since the appellant is a member of Scheduled Caste community, if there is no other eligible candidate, it is for the respondents to consider the appellant also for allotment of pump as and when advertised. This Writ Appeal is disposed of as above. Sd/- (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) Sd/- (K.VINOD CHANDRAN, JUDGE) jg