M.C.MEYYAPPAN @ MANICKAM Vs. DEPUTY GENERAL MANAGER

JUDGEMENT

(1.) This Writ petition is filed challenging the order dated 24.07.2018, wherein and whereby, the respondent has rejected the lease deed dated 23.04.2018 and rectification deed dated 06.07.2018 by stating that they do not confirm to the unified guidelines. In the very impugned proceedings, the respondent also directed the petitioner to offer an alternative land for show room and submit the same on or before 31.07.2018 also by indicating that failure to do so, would result in rejection of the candidature of the petitioner. Consequently, the petitioner seeks for a direction to the respondent to accept the lease and rectification deeds dated 23.04.2018 and 06.07.2018, respectively.

(2.) The petitioner is a physically challenged person. The respondent issued an advertisement on 28.03.2018 for LPG Distributorship at Pammal, Chennai, Kancheepuram District. The petitioner applied for the said Distributorship. The petitioner was selected through drawal of lot conducted by the respondent. The petitioner possessed the subject matter site at Plot No.2A, Door No.27E, Vedagiri Street, Pammal Village, Chennai- 600 075 on lease from its owner by entering into a registered lease agreement dated 23.04.2018. He presented the said lease deed before the respondent as a site to run the distributorship. By letter dated 28.06.2018, the respondent informed the petitioner that the said lease was not in consonance with the unified guidelines for selection for LPG Distributorship, since the period mentioned in the said lease deed was for 11 months and not 15 years as required as per the guidelines. Therefore, the respondent called upon the petitioner to offer an alternate site. However, on noticing the said mistake in the lease deed, the petitioner and the owner of the site entered into a rectification deed dated 06.07.2018 rectifying the period of lease as 15 years instead of 11 months. It is specifically recited in the said rectification deed that the period of lease was wrongly typed as 11 months instead of 15 years in the original lease deed. However, as the said rectification deed could not be presented for registration within the time stipulated for providing alternative site, the petitioner approached this Court and filed a writ petition in W.P.No.17110/2018 and sought a direction to the Sub-Registrar, Pammal, Sub-Registrar Office, to register the petitioner's rectification deed dated 06.07.2018 and consequently, for another direction to the 3rd respondent therein, namely, the Deputy General Manager LPG Sales, Indian Oil Corporation Limited, Chennai, to extend the time for a further period of two weeks from 07.07.2018 to submit the petitioner's lease deed. The said Writ Petition was disposed of on 09.07.2018 after hearing both sides as follows:

(3.) Mr.L.Chandrakumar, learned counsel for the petitioner submitted that once the rectification deed was executed and registered, the period referred to therein will have to be reckoned from the date of original lease agreement entered between the parties, and therefore, the respondent is not justified in stating that the lease period is short of 15 years. He further contended that the registration of the document, viz., the rectification deed was effected only in pursuant to the direction issued by this Court in the earlier writ petition and when the said order was passed in the presence of the respondent herein, he is not entitled to pass the present impugned order, which in effect is in violation of the directions issued by this Court in the earlier writ petition.