IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 34292 OF 2019
PETITIONER:
VIJAYAKUMAR B.,
AGED 49 YEARS
S/O.BHASKARAN, PROPRIETOR, THINUVONAM INDANE SERVICES,
MARARIKULAM P.O., ALAPPUZHA - 688 549.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
PRAVEEN S.
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
K.V.GEORGE
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF PETROLEUM AND NATURAL GAS,
CENTRAL SECRETARIAT,
NEW DELHI - 110 001.
2 INDIAN OIL CORPORATION,
MARKETING DIVISION HEAD OFFICE,
INDIA OIL BHAVAN, G-9, ALI YAVAR JUMG MARG,
BANDRA EAST, MUMBAI - 400 051,
REP. BY ITS MANAGING DIRECTOR.
3 INDIAN OIL CORPORATION,
INDANE DIVISION, AREA OFFICE,
PANAMPILLY NAGAR, KOCHI - 672 036,
REP. BY ITS GENERAL MANAGER.
4 GENERAL MANAGER (LPG-S) CAO,
INDIAN OIL CORPORATION,
INDANE DIVISION,
AREA OFFICE, PANAMPILLY NAGAR,
WP(C) NO. 34292 OF 2019
2
KOCHI - 682 036.
5 THE APPELLATE AUTHORITY,
GENERAL MANAGER I/C (LPG),
STATE OFFICE INDIAN OIL CORPORATION,
PANAMPILLY NAGAR, KOCHI - 682 036.
BY ADV Mr.A.G.ADITYA SHENOY, CGC
SRI.M.GOPIKRISHNAN NAMBIAR, SC,
SRI.MANU, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 34292 OF 2019
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 34292 of 2019
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Dated this the 27th day of May, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) to call for the records which lead to the issuance of Ext.P3 and to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the same;
(ii) to declare that the petitioner is not liable to pay any amounts as claimed through Ext.P3 and there is no violation of marketing discipline guidelines 2018;
(iii) to pass an order directing respondents to return the amount of Rs.64,630/- collected from the petitioner as per Ext.P3 and the amounts remitted as per Ext.P6;
(iv) to pass an order directing the respondents to consider and pass orders on Ext.P5 appeal within a time frame to be fixed by this Hon'ble Court;
(v) to grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."[SIC] WP(C) NO. 34292 OF 2019 4
2. Petitioner filed Ext.P5 appeal challenging Ext.P3 order. When this writ petition came up for consideration on 23.05.2022, this Court directed the counsel appearing for respondents 2 to 5 to get instruction whether the appeal is already disposed of.
Today when this writ petition came up for consideration, the counsel submitted that the appeal is not considered. The counsel submitted that there is two days delay in filing the appeal. Any way Ext.P5 appeal is pending before the 5th respondent. In such circumstances, there can be a direction to the 5 th respondent to consider the appeal and pass appropriate orders in it in accordance to law, after giving an opportunity of hearing to the petitioner within a time frame. The refund of the amount, which is debited from the account of the petitioner will be subject to the result of the decision in Ext.P5. The contentions raised by the petitioner about debiting the amount from his account, which he allege as illegal is WP(C) NO. 34292 OF 2019 5 left open.
Therefore this writ petition is disposed of in the following manner:
i. The competent authority among the respondents will consider Ext.P5 appeal, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
ii. Before passing final orders, the appellate authority will give an opportunity of hearing to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 34292 OF 2019 6 APPENDIX OF WP(C) 34292/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SHOW CAUSE NOTICE DTD.
12/07/2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF EXPLANATION DTD.
24/08/2019 SUBMITTED BY PETITIONER TO 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF ORDER DTD. 28/08/2019 ISSUED BY 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF DEMAND DRAFT NO.111339 DTD. 30/08/2019 DRAWN ON VIJAYA BANK IN FAVOUR OF IOC.
EXHIBIT P5 TRUE COPY OF APPEAL DTD. 30/09/2019 SUBMITTED BY PETITIONER TO 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF RELEVANT PAGES FROM THE CUSTOMER PAD BALANCE FROM 01/09/2019 TILL 30/09/2019.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE