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2024 DAILYLAW 3382 (MAD)

A.SHYAMALA v. THE TERRITORY MANAGER (RETAIL)

WP/37328/2024 · 2026-03-18

M Dhandapani

Transfer Petitionbody2024

Judgment text

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W.P.No.37328 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.37328 of 2024 And W.M.P.No.4855 of 2025 A.Shyamala ... Petitioner Vs. The Territory Manager (Retail) Bharat Petroleum Corporation Limited, A Government of India Enterprise, No.35, Vaidyanathan Street, Tondiarpet, Chennai 600 081. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to consider the petitioner’s application dated 23.01.2023 for reconstitution of commissioned dealership and the consequent permanent dealership at the earliest. For Petitioner : Mr.D.Ashok Kumar For Respondent : M/s.Rajkumar Jhabakh, Preeti Mohan 1/4 https://www.mhc.tn.gov.in/judis W.P.No.37328 of 2024 O R D E R The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondent to consider the petitioner’s application dated 23.01.2023 for reconstitution of commissioned dealership and the consequent permanent dealership at the earliest. 2.The learned counsel appearing for the petitioner submitted that the petitioner’s husband availed retail outlet vide CC No.145493 on 15.07.2005 and was running the same in the name and style of Ennore Petroleum Company at State Highways Survey No.5, K.G.L. Nagar, Ennore Fort Road, Kadapakkam Village, Tiruvallur District and he died on 07.05.2022 and after his death, during August, 2022, the petitioner sought for temporary dealership and the temporary dealership was given for a period of 1-1/2 years and thereafter, the petitioner applied for permanent dealership/ reconstitution of commissioned dealership on 23.01.2023 and the said application is pending as the petitioner’s Mother – in – Law declined to issue no objection certificate for such re-constitution. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.37328 of 2024 3.The learned counsel appearing for the petitioner further submitted that the petitioner’s Mother – in – Law died on 02.04.2024. The learned counsel further submitted that since the petitioner’s Mother – in – Law died, there is no legal impediment for the respondent to consider the petitioner’s application for reconstitution of commissioned dealership dated 23.01.2023. Hence, this Court may issue direction to the respondent to consider the petitioner's application dated 23.01.2023 for reconstitution of commissioned dealership and the consequent permanent dealership, within a reasonable time frame. 4.The learned counsel appearing for the respondent submitted that the petitioner’s application for reconstitution of commissioned dealership dated 23.01.2023 will be considered on the basis of the subsequent development and appropriate orders will be passed, within a reasonable time frame. 5.Recording the submission made by the learned counsel appearing for the respondent, this Court directs the respondent to consider the petitioner's application dated 23.01.2023 for reconstitution of commissioned dealership, in accordance with law and 3/4 https://www.mhc.tn.gov.in/judis W.P.No.37328 of 2024 M.DHANDAPANI,J. pri pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, if not already passed. 6.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 18.03.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Territory Manager (Retail) Bharat Petroleum Corporation Limited, A Government of India Enterprise, No.35, Vaidyanathan Street, Tondiarpet, Chennai 600 081. W.P.No.37328 of 2024 And W.M.P.No.4855 of 2025 18.03.2026 4/4 https://www.mhc.tn.gov.in/judis