SREELATHA Vs. BHARAT PETROLEUM CORPORATION LTD.

JUDGEMENT

(1.) The Petitioner has filed this Writ Petition seeking a Writ of Certiorari to set aside Ext.P9 Communication issued by the 3rd Respondent to the Petitioner that the Petitioner is not eligible for Petroleum Retail Outlet Dealership as the Plot offered by the Petitioner is not in the advertised stretch, and seeking a Writ of Mandamus to the Respondent Nos.1 to 3 to issue Allotment Letter confirming the Provisional Selection of the Petitioner for the Petroleum Retail Outlet Dealership for the location at Vazhichal on Kallikkadu Panachamoodu Road on State Highway.

(2.) The 1st Respondent issued Advertisement dtd. 28/6/2023, inviting Applications for Petroleum Retail Outlet Dealership at Vazhichal on Kallikkadu Panachamoodu Road on the State Highway. The Petitioner submitted Ext.P1 Application dtd. 14/9/2023 in response to the Advertisement, producing Ext.P2 Possession Certificate, Ext.P3 Location Certificate, and Ext.P4 Affidavit executed by the landowners stating that in case the Petitioner is selected for the Dealership, they will lease their land having an extent of 900 Sq.Mtrs. in Survey No.5/20 of Amboori Village in Neyyattinkara Taluk to the Petitioner or to the 1st Respondent/Oil Marketing Company and that they have no objection to use their land for setting up a Petroleum Retail Outlet by the Petitioner. As per Ext.P5 Communication dtd. 5/2/2024, the 3rd Respondent informed the Petitioner that the Petitioner is the lone applicant to the advertised location and therefore the Petitioner is provisionally selected and that it is only a preliminary intimation and the award of the Dealership is subject to compliance with the terms and conditions of the 1st Respondent. When the Petitioner was demanded to pay Rs.40,000.00 towards the Initial Security Deposit and to upload the relevant documents, the same was complied with by the Petitioner. Since the Petitioner was not issued with the Letter of Intent, the Petitioner approached this Court by filing W.P.(C) No.20335/2024, and this Court passed Ext.P8 judgment dtd. 11/9/2024 directing the Respondent Nos.1 to 3 to conclude the selection process within an outer limit of two months. It is thereafter that the 3rd Respondent has issued Ext.P9 Communication dtd. 30/9/2024, which has the effect of cancellation of the provisional selection as per Ext.P5.

(3.) The Respondents opposed the prayers in the Writ Petition by filing a Counter Affidavit. The Petitioner has filed a Reply Affidavit.