Kerala High Court
Kurian K.George vs The Taluk Supply Officer on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 24111 OF 2009
PETITIONERS:
1 KURIAN K.GEORGE
KWD NO.1, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
2 PHILIP JOSEPH MANAGING PARTNER
M/S.KUTTANAD FARM FUEL, THEKKEKKARA, KUTTANAD,,
ALAPPUZHA DISTRICT.
3 K.C.THOMAS, M/S.THOMAS CHACKO COMPANY
KEROSENE WHOLESALE DEALER, KWD 63/85,, M.K.ROAD,
KOTTAYAM.
4 SKARIA SKARIA, M/S.K.T.SKARIA
KEROSENE WHOLESALE DEALER, KWD 65/85,, M.L.ROAD,
KOTTAYAM.
5 T.S.MOHAMMED ASHRAF
M/S.T.A.SAYID MOHAMMED, KEROSENE WHOLESALE DEALER,
KWD 66/92 & 67/93, NEW MARKET ROAD & PUDUPALLY,,
KOTTAYAM.
6 T.J.CYRIAC, M/S.T.K.KURUVILA (THACHARA)
& COMPANY, KEROSENE WHOLESALE DEALER, KWD 72/93,,
JETTY ROAD, KOTTAYAM.
7 KOOLATH MOHAMMED, INDIAN OIL DEALER
CHETTIPADY, PARAPPANANGADI, THIRURANGADI TALUK &
AT T.B.ROAD, MANJERI, ERNAD TALUK,, MALAPPURAM
DISTRICT.
8 V.HARIDASAN, PROPRIETOR
M/S.SREEDEVI ENTERPRISES, INDIAN OIL DEALER,,
VETTEKKODE, PULLANCHERRY P.O., MANJERI,, ERNAD
TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SMT.NITA.N.S.
SRI.S.SUJIN
RESPONDENTS:
1 THE TALUK SUPPLY OFFICER
ADOOR TALUK, PATHANAMTHITTA DISTRICT.
2 THE TALUK SUPPLY OFFICER
KUTTANAD TALUK, ALAPPUZHA DISTRICT.
3 THE TALUK SUPPLY OFFICER
KOTTAYAM TALUK, KOTTAYAM DISTRICT.
W.P.(C).No.24111/2009
2
4 THE TALUK SUPPLY OFFICER
PUDUPPALLY TALUK, KOTTAYAM DISTRICT.
5 THE TALUK SUPPLY OFFICER
TIRURANGADI TALUK, MALAPPURAM DISTRICT.
6 THE TALUK SUPPLY OFFICER
ERNAD TALUK, MALAPPURAM DISTRICT.
7 THE DISTRICT SUPPLY OFFICER
PATHANAMTHITTA.
8 THE DISTRICT SUPPLY OFFICER
KOTTAYAM.
9 THE DISTRICT SUPPLY OFFICER
MALAPPURAM.
10 THE DIRECTOR OF CIVIL SUPPLIES
THIRUVANANTHAPURAM.
11 THE COMMISSIONER OF CIVIL SUPPLIES
O/O.THE CIVIL SUPPLIES COMMISSIONERATE,,
THIRUVANANTHAPURAM.
12 THE SECRETARY TO GOVERNMENT
FOOD & CIVIL SUPPLIES DEPARTMENT,, GOVERNMENT
OF KERALA, GOVERNMENT SECRETARIAT,,
THIRUVANANTHAPURAM.
13 STATE OF KERALA REPRESENTED BY
CHIEF SECRETARY, GOVERNMENT SECRETARIAT,,
THIRUVANANTHAPURAM.
14 MS.INDIAN OIL CORPORATION LTD.
ERNAKULAM-REPRESENTED BY ITS TERRITORY MANAGER,
(RETAIL), ERNAKULAM.
BY ADVS.
SR. GOVERNMENT PLEADER SMT.DEEPA NARAYANAN
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SR
GOVERNMENT PLEADER
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.24111/2009
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.24111 of 2009
----------------------------------------------
Dated this the 03rd day of November, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a Writ of Certiorari or any other
appropriate Writ, order or direction, to call for
the records leading to Ext.P12 and to quash the
same.
ii. To issue a Writ of Mandamus or any other
appropriate Writ, order or direction, directing the
respondents to continue the leakage allowances
at the rate of 1% to all the petitioners.
iii. Award to the petitioner the costs of these
proceedings.
iv. Grant such other and further reliefs as are just,
proper and necessary or may be prayed for.
2. Today, when this writ petition came up for
consideration, the Standing Counsel who is appearing for the
14th respondent and the Government Pleader submitted that
the matter is covered by the judgment of this Court dated
25.09.2018 in W.P.(C).No.22053 of 2009. The Standing
Counsel also submitted that the writ appeal filed against the
W.P.(C).No.24111/2009
said judgment is also dismissed. In the light of the above
submission, I am of the view that the prayers in this writ
petition cannot be granted.
Therefore this writ petition is dismissed in the light of
the judgment of this Court dated 25.09.2018 in W.P.(C).
No.22053 of 2009.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.24111/2009
APPENDIX OF WP(C) 24111/2009
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE GO(MS)
NO.59/80/FOOD DATED 10/11/1980.
Exhibit P2 TRUE PHOTOCOPY OF THE GO(MS)
NO.15/97/F&CSD DATED 13/05/1997.
Exhibit P3 TRUE COPY OF THE ORDER NO. CS-
A6/6504/99 DATED 01/01/2002.
Exhibit P4 TRUE PHOTOCOPY OF THE MINUTES OF THE
MEETING HELD ON 09/12/2004 BY MINISTER
FOR FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT.
Exhibit P5 TRUE COPY OF THE ORDER DATED
30/05/1997 IN OP NO.9127/1997 OF THIS
HON'BLE COURT.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE
DIRECTOR OF CIVIL SUPPLIES DATED
05/08/2005 REF. NO. (CS)2.8672/06.
Exhibit P7 TRUE COPY OF THE ORDER GO(MS)
NO.17/2005/FCS AND CAD DATED
02/01/2005.
Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE CIVIL SUPPLIES COMMISSIONER
DATED 22/01/2009.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC
NO.3058/2009 DATED 20/02/2009 OF THIS
HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE ORDER DATED
12/09/1997 OBTAINED BY THE PETITIONERS
FROM GOVERNMENT OF GUJARAT.
Exhibit P11 TRUE COPY OF THE DATED 23/11/2001 IN
WPC NO. 6575/2001 OF THE HON'BLE COURT
OF MADRAS.
Exhibit P12 TRUE COPY OF THE ORDERNO. (MS)
NO.26/2009/F&CSD DATED 27/07/2009.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED
15/10/1997 IN OP NO.8620/1993 OF THIS
HON'BLE COURT.
Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED
04/08/2009 IN WPC NO.22053/2009 OF
W.P.(C).No.24111/2009
THIS HON'BLE COURT.
Exhibit P15 TRUE COPY OF THE LETTER NO. CS A2-
8671/2005 DATED 17/06/2005 ISSUED BY
THE 17TH RESPONDENT.
RESPONDENT ANNEXURE
Annexure R11(A) TRUE COPY OF THE JUDGMENT IN WPC
NO.22053/2019.
Annexure R11(B) TRUE COPY OF THE JUDGMENT IN WRIT
APPEAL NO.695/2019.
