For Information Purpose Only vs T.P.Raji
2021 Latest Caselaw 11120 Ker

WP(C) 8548/2021                             1/2




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         Present:

                          THE HONOURABLE SMT. JUSTICE P.V.ASHA

                  Wednesday,the 7th day of April 2021/17th Chaithra, 1943

           For information purpose only
                                  WP(C) No.8548/2021(P)




PETITIONERS
1.     T.P.RAJI, AGED 65 YEARS,
       W/O. LATE V.A. CHELLAPPAN, PROPRIETRIX, M/S. COASTAL GAS SERVICES,
       DOOR NO. VIII/253 A, VALAPPU, PUTHUVYPE, MALIPPURAM P.O.,
       ERNAKULAM DISTRICT, RESIDING AT PSRA - 72, VALIYAVEETIL,
       PADIVATTOM, EDAPPALLY P.O., COCHIN -24.

2.     MINI GEORGE, AGED 54,
       W/O. LATE P.M. GEORGE, PROPRIETRIX,
       M/S. MAR JYOTHI INDANE SERVICES, XXV/1069-D, COLLEGE ROAD,
       KOTHAMANGALAM, ERNAKULAM - 686691, RESIDING AT VAZHAYIL HOUSE,
       M.A COLLEGE P.O., KOTHAMANGALAM.




RESPONDENTS
1.     UNION OF INDIA,
       REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM AND
       NATURAL GAS, SHASTRI BHAVAN, NEW DELHI - 110001.

2.     INDIAN OIL CORPORATION LIMITED,
       MARKETING DIVISION, INDANE AREA OFFICE,
       PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O, KOCHI - 682036,
       REPRESENTED BY THE CHIEF AREA MANAGER.

3.     THE CHIEF AREA MANAGER
       INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION,
       INDANE AREA OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O.,
       KOCHI - 682036.



     Writ Petition (civil) praying inter alia that in the circumstances

stated in the affidavit filed along with the WP(C) the High Court be

pleased to stay the operation and further proceedings pursuant to Exhibit

P4 and P4(a) penalty communications, pending disposal of the above Writ
 WP(C) 8548/2021                      2/2

Petition (Civil).


    This petition coming on for admission upon perusing the petition and the

affidavit filed in support of WP(C) and upon hearing the arguments of Sri.

K.JAJU BABU, Senior Advocate along with M/s T.S.ATHIRA, ASADU AHMMED

CHULLINTE, RAMANARAYANAN G., M.U.VIJAYALAKSHMI and BRIJESH MOHAN, Advocates

for the petitioner, ASSISTANT SOLICITOR GENERAL OF INDIA for R1, and of

           For information purpose only
Sri. GOPIKRISHNAN NAMBIAR, STANDING COUNSEL for R2 and R3, the court passed

the following.

                                  O R D E R

Admit. Learned ASGI takes notice for R1, learned Standing Counsel Shri. Gopikrishnan Nambiar takes notice for R2 and R3.

The learned Standing Counsel for R2 and R3 stoutly opposes the interim reliefs prayed for by the petitioners pointing out that Exhibit P6 judgment has already been stayed.

However, this court has granted interim orders in similar cases and the learned Senior Counsel points out that the proceedings impugned in this writ petition relate to below average performance which is not considered in any of the cases and the petitioners are two widows.

Therefore, there shall be a stay of recovery pursuant to Exhibits P4 and P4(a) for a period of two months.

07-04-2021 Sd/-

P.V.ASHA,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR

EXHIBIT P4 - TRUE COPY OF THE COMMUNICATION/SPEAKING ORDER OF THE 3RD RESPONDENT VIDE NO.CAO/D/55 DATED 01.03.2021 ISSUED TO THE 1ST PETITIONER. EXHIBIT P4(A) - TRUE COPY OF THE COMMUNICATION/SPEAKING ORDER OF THE 3RD RESPONDENT VIDE NO.CAO/D/112 DATED 01.03.2021 ISSUED TO THE 2ND PETITIONER. EXHIBIT P6 - TRUE COPY OF THE JUDGMENT DATED 18.03.2020 IN W.P(C) NO.10334/2017 AND CM NO. 27853/2018 OF THE HON'BLE HIGH COURT OF DELHI.