High Court · 2025

W.P No.33004 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 31.10.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.33004 and 33008 of 2025andW.M.P Nos.32700, 32701, 32704 and 32705 of 2025M/s.Sri Lakshmi Gas CarriersRepresented by its Managing ProprietorM.Senthikumar, S/o.Muthusamy1/3, Sannagam Akashya EnclaveAnnamalai Nagar Annex,SeelanaikenpattySalem-636n 201..... Petitioner in WP.33004/2025M/s.Sri Lakshmi Transport ServiceRepresented by its Managing PartnerKavitha, W/o.Kasiviswanathan1/34, Nadu Thery, Tho. JedarpalayamNamagiripet Via, Rasipuram TalukNamakkal District.... Petitionerin W.P.33008/2025 Vs.1.The General Manager (Installation) Hindustan Petroleum Corporation Ltd Dharmapuri Terminal Sivadi Vilalge, Pagalahali PO Nallampalli Taluk, Dharmapuri DistrictPage 1 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 20232.The Senior Manager-Operation and Maintenance, Hindustan Petroleum Corporation Ltd Dharmapuri Terminal Sivadi Vilalge, Pagalahali PO Nallampalli Taluk, Dharmapuri District... Respondents 1 & 2 in both petitions 3.The General Manager (Location Incharge) Hindustan Petroleum Corporation Ltd Thalamuthu Natarajan Building Chennai. ... Respondentin WP.33004/20254.The General Manager (Location Incharge) Hindustan Petroleum Corporation Ltd Dharmapuri Terminal Sivadi Vilalge, Pagalahali PO Nallampalli Taluk, Dharmapuri District...Respondent in W.P.33008 of 2025Prayer in W.P.33004 of 2025 : The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the 1st respondent dated 07.11.2023 calling for fresh tender for Tank Trucks with bottom loading facilities and quash the same and consequently direct the respondents to induct the petitioners vehicles as per the Letter of Acceptance dated 17.11.2022.Prayer in W.P.33008 of 2025 : The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus,to call for the records relating to the impugned proceedings of the 3rd respondent dated 28.10.2023 cancelling the Letter of Acceptance of the petitioner and consequent proceedings of the 1st respondent dated 07.11.2023 calling for fresh tender for Tank Trucks with bottom loading facilities and quash the same and Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 2023consequently direct the respondents to induct the petitioners vehicles as per the Letter of Acceptance dated 17.11.2022.In both the petitionsFor Petitioner: Mr.D.JeevithaFor Respondents: Mr.Mohamed Fayaz Ali Standing Counsel COMMON O R D E RThese two writ petitions have been filed, challenging the impugned impugned proceedings of the 3rd respondent dated 28.10.2023 cancelling the Letter of Acceptance of the petitioner and consequent proceedings of the 1st respondent dated 07.11.2023 calling for fresh tender for Tank Trucks with bottom loading facilities and consequently direct the respondents to induct the petitioners vehicles as per the Letter of Acceptance dated 17.11.2022.2. Since the issue involved in both the writ petitions is one and the same, the writ petitions are disposed of by way of a common order.3. The case of the petitioner is that the petitioner is expertise in the field of of Transportation of Petroleum products by road through Tank Trucks,on the basis of the license entered with the petroleum companies. Whileso, the Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 2023respondents herein called upon a tender for transportation of bulk petroleum products like Motor Spirit/High Speed Diesel and Branded Fuels from HPCL, Dharmapuri Terminal to locations within the state and outside the state. As per the said tender, the Dharmapuri Terminal has been provided with infrastructure for bottom loading Tank Trucks. Since the bottom loading facility is a new technology and vehicles with that facility was not available in the open market, hence the respondents had allowed top loading facility vehicle also to participate in the tender, subject to a condition that the Transporters have to provide with the undertaking that such Tank Trucks shall be converted and offered with bottom loading as on date of induction. In the said tender, majority of the top loading vehicles only participated in the tender under transporter category. The petitioner had participated in the tender with the required qualifications, and the tender was accepted. A confirmation was also given on 17.11.2022. However, the petitioner was not awarded the tender. The respondents decided to award the tenders only to the transporters possessing bottom loading vehicles, excluding the ineligible top loading tanker lorries. As per the conditions, only persons possessing the bottom loading vehicles alone were entitled to participate in the tender, and for which, a letter of intent was also issued to the petitioner to produce such a vehicle on or before 17.11.2022. However, the petitioner was unable to produce the vehicle, as the same was not Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 2023available in the market. They had given L1 status to the tanker lorry owners, who possessed the bottom loading capacity. Subsequently, the respondents passed the impugned order dated 07.11.2023 permitting only those transporters mentioned in Annexure-I to partidcipate. Challenging the same, the present writ petitions have been filed.4.The learned counsel appearing for the petitioner would submit that, the respondents unfairly selected the persons with bottom loading vehicles, while ignoring those persons with top-loading tanker lorries. Such discrepancy is impermissible one. Accordingly, he prayed for appropriate orders.5. The learned counsel for the respondents would submit that already L1 was selected and the selection of L1 was made only on the basis of eligibility criteria, wherein only persons who possessing bottom loading vehicles alone were entitled to participate in the tender, in view of the technology for safe loading of the petroleum products. It was an additional requirement applicable to those who had already been selected. The petitioner must challenge the selection of L1 itself, not merely the consequential orders. Accordingly, he prayed for dismissal of both the writ petitions. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 20236. In view of the submissions made on either side and having regard to the fact and circumstances of the case, this Court finds no merit in the contention raised by the petitioner. The selection of LOA was made on the basis of eligibility criteria prescribed for persons possessing bottom loading vehicles, which is an additional technical requirement introduced for ensuring safety in loading of petroleum products. The petitioner, having not challenged the selection process or the L1 itself at the relevant stage, cannot now seek to quash the consequential order.7.Accordingly, both the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 31.10.2025umaIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 2023To1.The General Manager (Installation) Hindustan Petroleum Corporation Ltd Dharmapuri Terminal Sivadi Vilalge, Pagalahali PO Nallampalli Taluk, Dharmapuri District2.The Senior Manager-Operation and Maintenance, Hindustan Petroleum Corporation Ltd Dharmapuri Terminal Sivadi Vilalge, Pagalahali PO Nallampalli Taluk, Dharmapuri District3.The General Manager (Location Incharge) Hindustan Petroleum Corporation Ltd Thalamuthu Natarajan Building Chennai. 4.The General Manager (Location Incharge) Hindustan Petroleum Corporation Ltd Dharmapuri Terminal Sivadi Vilalge, Pagalahali PO Nallampalli Taluk, Dharmapuri DistrictPage 7 of 8 https://www.mhc.tn.gov.in/judis W.P No.33004 of 2023M. DHANDAPANI, J. uma W.P.Nos.33004 & 33008 of 2023andW.M.P Nos.32700, 32701, 32704 & 32705 of 2023 31.10.2025Page 8 of 8