Madras High Court
D.Pushpa Thangam vs Bharat Petroleum Corporation Limited on 10 July, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 10.07.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20677 of 2015 D.Pushpa Thangam .. Petitioner Vs. 1.Bharat Petroleum Corporation Limited Represented by its Territory Manager Territory Office, M.G.M.T.B Sanatorium Sengipatti (Via) Thanjavur 613 401 2.Shoba Karthik .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent allot the RGGLV Dealership to the petitioner at Keezhapalur Village, Ariyalur District based on the representation of the petitioner dated 06.06.2015 within a time limited fixed by this Court. For Petitioner : Mr.K.Murugesan For Respondents : No appearance ------ O R D E R
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner claims that she belongs to SC (Parayan) community and she applied for dealership under the Rajiv Gandhi Grama LPG Vithrak Scheme ((RGGLV) at Keezhapalur Village, Ariyalur District as the notification dated 28.11.2011 issued by the Bharat Petroleum Corporation Ltd., clearly stipulates that the RGGLV Dealership is to be allotted only to the people belonging to Schedule Caste Community. The petitioner states that she and the second respondent were in the final list and the second respondent was provisionally selected for the dealership under the said scheme. The petitioner, later, on coming to know that the second respondent does not belong to SC community, but actually belongs to backward class-Christian, Parayar Community, sent a representation to the first respondent and the community certificate granted to the second respondent stating that she belongs to Schedule caste community was cancelled. The second respondent made a challenge by filing W.P.No.17627 of 2015. Ultimately the community certificate granted by the second respondent was cancelled by the District Vigilance Committee. It is the claim of the petitioner that on account of cancellation of community certificate granted to the second respondent, she alone is eligible to be considered for dealership in respect of the said place and in this regard, she submitted a representation dated 06.06.2015 to the first respondent and though it was communicated on 08.06.2015, the petitioner has not been favoured with any response and hence, she came forward to file this writ petition.
3.Heard the submissions of the learned counsel appearing for the petitioner and perused the materials placed before this Court.
4.This Court, taking into consideration the limited scope of the prayer sought for by the petitioner, without going into the merits of the claim projected by the petitioner, directs the first respondent to consider and dispose of the petitioner's representation in accordance with law, after putting on notice the second respondent and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the second respondent.
5. The writ petition is disposed of accordingly. No costs.
10.07.2015 Index: Yes/No Internet: Yes/No gpa M.SATHYANARAYANAN,J.
gpa To Bharat Petroleum Corporation Limited Represented by its Territory Manager Territory Office, M.G.M.T.B Sanatorium Sengipatti (Via) Thanjavur 613 401.
W.P.No.20677 of 201510.07.2015