M.S. VENKATESH Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr.M.S.Venkatesh, appellant, party-in-person. Mr.Timmanna Bhat, learned Central Government Counsel for the respondent No.1.

(2.) On 09.05.2001, Territory Manager of the Corporation (hereinafter referred to as 'the Corporation' for short) issued a show cause notice to the appellant, by which the appellant was asked to show cause as to why he has kept the retail outlet dry consequent to non uplifting of 12KL full lorry load. The dealership agreement of the appellant was terminated for lapses and breach of covenants of the dealership agreement by an order dated 28.05.2001. The aforesaid order was subject matter of challenge in W.P.No.21910/2001. A Bench of this court by an order dated 28.05.2004 quashed the order of termination of the dealership of the agreement and permitted the appellant to file additional objections, if any, to the show cause notice within one month and the General Manager (South), Chennai was directed to consider the additional objection and to pass appropriate orders in accordance with law within a period of 45 days from the date of receipt of copy of the order. The appellant was permitted to continue with the business till the order was passed by the General Manager (South), Chennai. Accordingly, the writ petition was allowed. The General Manager (South), Chennai by an order dated 21.07.2004, passed an order terminating the dealership licence granted to the appellant.

(3.) Being aggrieved, the appellant filed writ petition Nos.14109/2005 and 23390/2005. A Bench of this court by an order dated 11.03.2008 disposed of the writ petition with the liberty to the appellant to initiate appropriate proceedings in the light of the observations made in the order keeping all the contentions to be urged by the parties open. The appellant thereafter submitted a representation to the Additional Secretary, Ministry of Petroleum and Natural Gas, which was rejected by an order dated 09.02.2009. The aforesaid order was challenged by the appellant in W.P.No.4890/2009 by impleading Union of India, which was dismissed. Being aggrieved, the appellant filed a W.A.No.3975/2009, which was allowed and the matter was remitted to the Additional Secretary for afresh consideration of the representation within a period of three months. Being aggrieved, the Union of India filed a Special Leave Petition before the Supreme Court, which was disposed of by Supreme court by an order dated 07.12.2012 with a direction to the appropriate authority to pass an order in accordance with law after hearing the appellant within a period of three months from the date of receipt of the copy of the order.