Vijayakumaran Nair vs The Chairman
2021 Latest Caselaw 422 Ker

WP(C).No.26399 OF 2020(Y)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.26399 OF 2020(Y)


PETITIONER/S:

                VIJAYAKUMARAN NAIR
                AGED 65 YEARS
                S/O. KRISHNAPILLAI, SREESAILAM, MELAMKODE,
                VALIYARA, VELLANAD VILLAGE, NEDUMANGADU TALUK,
                THIRUVANANTHAPURAM DISTRICT - 695 543.

                BY ADV. SRI.C.P.PEETHAMBARAN

RESPONDENT/S:

      1         THE CHAIRMAN
                BHARAT PETROLEUM CORPORATION LIMITED, 4 AND 6
                CUIRRIMBHOY ROAD, BALLARD ESTATE, MUMBAI - 400 001.

      2         BHARAT PETROLEUM CORPORATION LIMITED
                ERNAKULAM TERRITORY (RETAIL) OFFICE, IRUMPANAM
                INSTALLATION, COCHIN - 682 309, REPRESENTED BY ITS
                TERRITORY MANAGER.

      3         THE SALES OFFICER
                BHARAT PETROLEUM CORPORATION LIMITED, REGIONAL
                OFFICE, CHACKA, VELI, THIRUVANANTHAPURAM - 695 001.

                R1-3   BY   ADV.   SRI.M.GOPIKRISHNAN NAMBIAR
                R1-3   BY   ADV.   SRI.K.JOHN MATHAI
                R1-3   BY   ADV.   SRI.JOSON MANAVALAN
                R1-3   BY   ADV.   SRI.KURYAN THOMAS
                R1-3   BY   ADV.   SRI.PAULOSE C. ABRAHAM
                R1-3   BY   ADV.   SRI.RAJA KANNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26399 OF 2020(Y)
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                                       JUDGMENT

Dated this the 6th day of January 2021

The petitioner who was given letter of appointment as

Distributor of LPG gas as per Ext.P1 on 28.02.2006 was unable to

carry out the business for a long period from 2013 onwards on

account of dispute with another person. It is stated that the

dispute with the other person was settled and thereafter on the

basis of his representation a hearing was conducted by the

respondents and as per Ext.P5 letter the respondents had

directed him to furnish an undertaking as per Annexure-N2 of the

reconstitution guidelines, proof of possession of land where

retail outlet exists etc, for taking a decision as to the

revival of the outlet. The petitioner submitted Ext.P7

representation along with Ex.P6 undertaking and Ext.P8 consent

with respect to the land where the petitioner wants to shift the

outlet. It is pointed out that the period of appointment would

expire in February 2021.

2. I heard the learned Standing Counsel also.

Since Ext.P7 representation is submitted pursuant to the

letter issued by the respondents, there shall be a direction to

the authorized officer of 2nd respondent to consider Ext.P7

representation and to take a decision within a period of three WP(C).No.26399 OF 2020(Y)

weeks, taking note of the date of expiry of the period of

appointment and communicate the same to the petitioner.

The Writ Petition is disposed of accordingly.

Sd/-

                                                   P.V.ASHA

rkc                                                  JUDGE
 WP(C).No.26399 OF 2020(Y)




                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE     LETTER OF APPOINTMENT

DATED 28.02.2006 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 20.11.2013 IN WP(C) NO.24885/2013 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 17.10.2017 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 8.11.2019 IN WP(C) NO.35661/2017 OF THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 6.1.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT /INDEMNITY BOND DATED 8.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 08.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE CONSENT LETTER DATED 05.11.2020 OF ABOOBACKER AND SOUMYA, THE LESSER OF THE PROPERTY.

EXHIBIT P9 TRUE COPY OF THE LATEST TAX RECEIPT DATED 11.06.2020 OF THE LEASED PROPERTY.