J RANJITH Vs. DEPUTY GENERAL MANAGER (LPG) SALES

JUDGEMENT

(1.) It is stated that the appellant was awarded with Indane Distributorship at Kaveripattinam, Krishnagiri Taluk as per the Letter of Intent (LOI), dated 18.02.2010, wherein a condition was prescribed that the appellant has to construct a godown at S. No. 125/1E, Erramalli Village, measuring 40 cents. Further, it was clearly stated that the LPG storage godown has to be constructed on the same site as mentioned in the application, failing which the LOI will stand withdrawn. The period of six months from the date of receipt of the letter was prescribed to commission the distributorship, including having showroom as well as LPG godown.

(2.) The appellant on account of some litigation, could not construct the godown on the specified site. The appellant made a request for change of the site, which was rejected. Thereagainst, the appellant preferred a writ petition, being W.P. No. 22320 of 2010, seeking a direction to permit the appellant to construct the godown in the new site in R.S. No. 749 at Payyur Village, Krishnagiri Taluk. The writ petition was allowed. However, a writ appeal, being W.A. No. 2220 of 2011 preferred by the authorities was allowed and the order dated 22.01.2011 passed in the writ petition was set aside, holding that the condition of having a godown on the same site, which was stated in the application, was mandatory. Thereagainst, the appellant preferred a petition for Special Leave to Appeal, being SLP(Civil) No. 26210 of 2012, which was dismissed by the Supreme Court of India on 14.09.2012.

(3.) According to the appellant, the appellant, thereafter, developed the site, which was originally mentioned in the application. While dismissing the writ petition, the Division Bench in the writ appeal granted further three months time to complete the construction of godown at the original site. Despite that, the construction could not be done. Thus, the authorities by an order dated 18.7.2013 withdrew the LOI with immediate effect. It was clearly stated in the order dated 18.7.2013 that even after the expiry of more than 4 months (3 years and 5 months from the date of LOI), the construction of godown/showroom could not take place.