RAM AGENCIES Vs. UNION OF INDIA; HINDUSTAN PETROLEUM CORPORATION LTD; INDIAN OIL CORPORATION LIMITED; DIRECTOR (MARKETING) INDIAN OIL CORPORATION; BHARAT PETROLEUM CORPORATION, LTD ; GOVERNMENT OF TAMIL NADU; COMMISSIONER FOR CIVIL SUPPLIES

JUDGEMENT

(1.) The petitioners in all these writ petitions, are the Kerosene Wholesale Dealers. All of them have been aggrieved by the respective Notifications issued by the Oil Corporations, viz., M/s.Hindustan Petroleum Corporation Limited, (HPCL), M/s.Indian Oil Corporation Limited (IOCL), M/s.Bharat Petroleum Corporation Limited (BPCL), in and by which, calling for the applications for appointment of LGP Distributors under the various categories at locations specified therein, from among the candidates belonging to different categories mentioned therein in the State of Tamil Nadu and Puducherry. Challenging the said notifications, the petitioners have come forward with these writ petitions and consequently, praying to direct the respondents to allot LPG distributorship to them.

(2.) According to the petitioners, the distribution of Kerosene (SKO) has been reduced by the Government of India since 2001-02, taking into account the number of LPG connections released in each State. SKO Dealerships of the petitioners have become unviable over the period due to reduced supply of SKO by the Oil Corporations. The Ministry of Petroleum and Natural Gas, has decided as a policy to formulate a scheme to allow SKO dealers to switchover to LPG distribution and entrusted the responsibility to work out the modalities to implement its policy to the Oil Marketing Companies. Consequently, specific eligibility cretiria is prescribed by the Oil Marketing Companies for permitting existing SKO dealers to apply for LPG distributorship so as to implement the policy to allow SKO dealers to switch over to LPG distributorship. The Government of India as well as Government of Tamil Nadu have been concentrating on the supply of LPG only, which resulted in reduction of allotment of kerosene. The policy of the Government of Tamil Nadu is that whoever holding two LPG cylinders, is not entitled to get kerosene from the Public Distribution System and whoever holding one LPG cylinder, is entitled to get only 3 liters of kerosene per month. On the other hand, the allotment of LPG to the existing LPG dealers is getting increased day by day and they are not able to supply LPG to the public effectively. Since kerosene business has become very sick, the petitioners have incurred huge loss by supplying the Kerosene product of the Oil Corporations. The Oil Corporations have to rehabilitate the petitioners, otherwise right to livelihood under Article 21 of the Constitution will be affected. However, the Government of Tamil Nadu and Union of India have been taking earnest steps to allot LPG distributorship to SKO/LDO (Kersone dealers). While so, the respective Oil Corporations have also issued advertisement in Hindu Newspaper on 15.6.2010 to fill up all the locations in Tamil Nadu, so that they can say that all the locations are filled up. Challenging the same, a batch of writ petitions in W.P.Nos.22503 of 2010, 16517 to 16519 of 2010 were filed before this Court. While disposing the said writ petitions, this Court, on 23.8.2011, has passed the order, of which, para 9 to 12 are relevant and they are extracted hereunder:

(3.) According to the petitioners, in spite of the direction given by this Court, as stated above, the first respondent has not passed any orders and in the meantime, again, the Oil Corporations issued an advertisement in Hindu Newspaper on 31.12.2012 to fill up all the locations in Tamil Nadu and the same was also challenged by the petitioners in W.P.Nos.2163 of 2013 etc. wherein, an interim order was passed and consequently, the respondents have recalled their advertisement, dated 31.12.2012 at the intervention of the first respondent not to fill up the locations in Tamil Nadu until decision is taken in consonance with the order passed in W.P.Nos.16517 to 16519 of 2010, dated 23.8.2011. However, the respondents have now issued present impugned advertisement in Hindu on 21.09.2013, calling for applications to fill up all the locations in Tamil Nadu so that they can say that all the locations are filled up and as such SKO/LDO dealers cannot be accommodated. The present impugned advertisement was issued even without awaiting the decision to be taken by the first respondent on the issue as to whether SKO/LDO dealers can be converted into LPG distributorship. Challenging the same, the present writ petitions have been filed.