A B RAJEEVAN Vs. TAHSILDAR, SAGAR TALUK

JUDGEMENT

(1.) The petitioner, who was unsuccessful in obtaining the dealership of distribution of LPG under Rajiv Gandhi Gramin LPG Vitrak (RGGLV) Yojana is before this Court seeking writ of certiorari to quash the order passed by the Assistant Commissioner in case Appeal No.RA 85/10-11 dated 17.02.2011 as per Annexure G insofar as holding that respondent No.5 is resident of Anandapuram village for a period of 2 years is concerned, order passed by the Deputy Commissioner dated 28.07.2014 in RA No.10/2013-14 produced as per Annexure J and also to quash the fresh Domicile Certificate issued by the Tahsildar dated 29.06.2013 produced as per Annexure K.

(2.) It is the case of the petitioner that M/s. Indian Oil Corporation invited applications for LPG Distribution Agency for Anandapuram Village under "Rajiv Gandhi Gramin LPG Vitrak (RGGLV) Yojana". The main eligibility criteria for selection is that the applicant should be a resident of the place on the date of filing of the application. Among 28 applicants, the petitioner was the only eligible candidate. However, respondent No.5 on the basis of the false Domicile Certificate obtained by her, was selected as a Distributor.

(3.) It is further contended that respondent No.5 was born and brought-up at Besur Village and married outside the village and she was a permanent resident of Besur Village which is 45 KM's away from Anandapuram Village. As per the condition of Dealership Licence, before the last date of filing of the application i.e., 04.10.2010, the candidate should be a permanent resident of that place. However, the Police Clearance Certificate dated 01.05.2010, Sale Deed executed in favour of respondent No.5 dated 26.04.2010, Census Report dated 26.04.2010, the endorsement from village Panchayat dated 29.09.2010 and the communication dated 04.10.2010 from the Tahsildar, Sagar, clearly goes to show that respondent No.5 was a resident of Besur Village, not only on the last date of application, but also subsequently. She has shifted residence during the fag end of 2010, only for the purpose of securing the Distributor Licence. All these documents were produced by the petitioner before the Appellate Authorities as well as before the Tahsildar. The Tahsildar initially issued a Certificate stating that she is a resident of Anandapuram Village for 29 years. That was the subject matter of the appeal before the Assistant Commissioner in case No.RA.85/2010-11, which came to be rejected on 17.02.2011.