LAWS(MAD)-2011-12-129

SRISHANMUGA ENTERPRISES DEALER Ï¿½ HINDUSTAN PETROLEUM CORPORATION LTD R O Vs. SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS NEW DELHI

Decided On December 14, 2011
SRISHANMUGA ENTERPRISES DEALER " HINDUSTAN PETROLEUM CORPORATION LTD. (R.O.) REP. BY ITS PROPRIETOR, P. SHANMUGAM, TIRUPUR DISTRICT Appellant
V/S
SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, NEW DELHI Respondents

JUDGEMENT

(1.) EVEN though, the interim applications are listed before me, by consent, the Writ Petitions are taken up for final hearing.

(2.) CONSIDERING the issues involved in all these Writ Petitions, they have been taken up together and a common order is passed.

(3.) THE learned counsel appearing for the petitioners submitted that the petitioners stand on a different footing and that is the reason why the respondent-Corporations themselves have put in sufficient amount of investment to lift the socially backward class people. When the dealers are running at a loss, there is no purpose in having some more outlets resulting in the closure of business. THE scope and ambit of Article 14 of the Constitution of India has to be borne in mind by the respondents being the public authorities. THE Ministry of Petroleum and Natural Gas has sent a communication to another Ministry by way of a reply by the letter dated 30.10.2008 stating that no new petrol bunks will be sanctioned adjacent to any existing petroleum bunks allotted to Scheduled Caste/Scheduled Tribe dealers, unless there is enough potential for starting the same.