LAWS(KER)-2018-6-28

RENJITH Vs. INDIAN OIL CORPORATION LIMITED

Decided On June 05, 2018
RENJITH Appellant
V/S
INDIAN OIL CORPORATION LIMITED Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to declare that the action of the 2nd respondent rejecting the candidature of the petitioner as per Ext.P5 is arbitrary, illegal, unconstitutional and vitiating the regulations and the procedural formalities, and for a direction to respondents 1 and 2 to consider the alternate site for show room as per Ext.P7, which is suitable for a show room within the notified location, and for other allied and related reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) In accordance with the advertisement issued by the 1st respondent Corporation in a daily newspaper dated 03.09.2017, inviting applications for LPG Distributorship, petitioner applied for "Gramin Vitrak" in the category/subcategory Scheduled Caste. Application was invited for a Distributorship in Bhoothakkulam Panchayat of Ithikkara Block, Kollam District. According to the petitioner, petitioner has provided all necessary details as is requisited in the notification. Among other conditions, the applicants have to provide details of the plot(s) of land for the construction of LPG Godown owned, or registered lease for minimum 15 years in the name of the applicant/member of the family unit commencing on any date from the date of advertisement up to the date of submission of application as specified in the advertisement or in the corrigendum (if any) on meeting the norms as specified.

(3.) According to the petitioner, petitioner is qualified by virtue of the publication and Ext.P1 brochure to apply in the said category. Column 5 in Ext.P2 relates to the details of land/showroom that can be made available for godown/showroom. Petitioner mentioned the required dimension of property in Survey No.217/3 of Parippally Village and a declaration to that effect is also given in column 6 of the application. Twenty-nine applicants were found eligible for draw of selection for LPG Distributorship. As per Ext.P1, further selection shall be by drawing lots when there are more than one eligible applicant for selection of LPG Distributor for an advertised location. Petitioner was selected in the lot conducted on 06.12.2017 and the same was communicated to the petitioner as per Ext.P4 letter dated 07.12.2017.