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Judgment
The Honourable Mr. Justice Vinod K. Sharma
The Petitioner has approached this Court, with a prayer for issuance of a writ, in the nature of certiorari, to quash the order passed by the
Respondents in cancelling the temporary arrangement for operation of the outlet at Thuckalay West, Kanyakumari District.
The pleaded case of the Petitioner is that the Petitioner is a dealer of Hindustan Petroleum Corporation Limited, in respect of retail outlet at
Karungal. Under the license, the Petitioner opened a retail outlet on 16.03.1994. That his dealership was suddenly terminated on 12.05.2006, on
the ground that the Petitioner had kept some stocks beyond the permissible limit.
That in addition to this outlet, he was also the dealer of Hindustan Petroleum Corporation Ltd., in respect of CoCo outlet, which also stands
terminated.
That the impugned order of termination is challenged on the ground of it being arbitrary, without basis, and that there was no violation on the
part of the Petitioner.
It is also contended that no show cause notice was issued to the Petitioner.
This petition is totally misconceived.
this Court in exercise of writ jurisdiction cannot order specific performance of contract, which cannot be enforced by the civil court, as the
remedy with the Petitioner, if any, for wrong termination is to claim damages.
The contractual obligations, which are not specially enforceable, under the provisions of the Specific Relief Act, cannot be ordered in exercise of
writ jurisdiction. The Petitioner if so advised can avail his remedy to claim damages.
No merit. ""Dismissed."" No costs.