Kerala High Court
Prasad Bhaskar And 2 Others vs Union Of India And 3 Others on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 27016 OF 2011
PETITIONER:
ELSY ANTONY, AGED 61 YEARS,
W/O.ANTONY, PROPRIETRESS, ST.ANTONY'S GAS AGENCIES,
NEAR POLICE STATION, ADIMALI P.O 685 561,
IDUKKI DISTRICT.
BY ADVS.
SRI.B.ASHOK SHENOY
SMT.LAKSHMI B.SHENOY
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE
SECRETARY TO GOVERNMENT, MINISTRY OF PETROLEUM &
NATURAL GAS, SHASTRI BHAVAN, NEW DELHI 110 001.
2 INDIAN OIL CORPORATION LTD. REPRESENTED
BY ITS DIRECTOR(MARKETING),INDIAN OIL BHYAVAN,
G-9, ALI YAVAR JUNG MARG, BANDRA(EAST),
MUMBAI - 400 051.
3 BHARAT PETROLEUM CORPPORATION LTD.
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, 4
& 6, CURIMBHOY ROAD, BALLARD ESTATE, MUMBAI - 400 051
4 HINDUSTAN PETROLEUM CORPORATION LTD.
REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR,,
PETROLEUM HOUSE,17 JAMSHEDJI TATA ROAD,
MUMBAI - 400 020.
BY ADV E.K.NANDAKUMAR (SR.)
SMT.RAMOLA NAYANPALLY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, ALONG WITH WP(C).27017/2011, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 27016
& 27017 of 2011
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 27017 OF 2011
PETITIONERS:
1 PRASAD BHASKAR, AGED 41 YEARS,
S/O.BHAKSARAN, PROPRIETOR, PR GAS AGENCIES,
IDUKKI COLONY P.O, CHERUTHONI,
IDUKKI DISTRICT - 685 602.
2 JAMES MATHAI, AGED 56 YEARS
S/O.MATHAI, PROPRIETOR, DIVINE GAS ENTERPRISES,
KATTAPPANA, IDUKKI DISTRICT - 685 508.
3 RENI.K.ALEX, AGED 33 YEARS,
S/O. OF ALEXANDER THOMAS, PROPRIETOR,,
KUROMBILLIL GAS AGENCIES, ANAKKARA,,
UDUMBANCHOLA, IDUKKI DISTRICT - 685 554.
BY ADV SRI.B.ASHOK SHENOY
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE
SECRETARY TO GOVERNMENT, MINISTRY OF PETROLEUM &
NATURAL GAS, SHASTRI BHAVAN, NEW DELHI - 110 001.
2 INDIAN OIL CORPORATION LTD.
REPRESENTED BY ITS DIRECTOR(MARKETING), INDIAN
OIL BHAVAN, G-9, ALI YAVAR JUNG MARG,
BANDRA(EAST), MUMBAI - 400 051.
3 BHARAT PETROLEUM CORPORATION LTD.
REPRESENTED BY ITS CHAIRMAN CUM MANAGING
DIRECTOR, 4 & 6 CURIMBHOY ROAD, BALLARD ESTATE,
MUMBAI - 400 001.
4 HINDUSTAN PETROLEUM CORPORATION LTD.
REPRESENTED BY ITS CHAIRMAN CUM MANAGING
WP(C) Nos. 27016
& 27017 of 2011
3
DIRECTOR, PETROLEUM HOUSE, 17 JAMSHEDJI TATA
ROAD, MUMBAI - 400 020.
BY ADVS.
M. GOPIKRISHNAN NAMBIAR
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
P.BENNY THOMAS
E.K.NANDAKUMAR (SR.)
SMT.RAMOLA NAYANPALLY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, ALONG WITH WP(C).27016/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 27016
& 27017 of 2011
4
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C)Nos.27016 and 27017 of 2011
--------------------------------------
Dated this the 29th day of October 2021
JUDGMENT
The above writ petitions are connected and
therefore I am disposing these two writ petitions
by a common judgment. It will be better to
extract the prayers in one of the writ petitions
and therefore I will extract the prayer in W.P.
(C)No.27016 of 2011.
"a) Call for the records and files
leading to Exts.P5 and P6 issued by respondents
nos.2 to 4 and quash Exts.P5 and P6 to the
extend it seeks to appoint new distributers for
Liquified Petroleum Gas in Idukki District at
'Bison Valley', 'Konathady', 'Rajakumari',
'Chinnakanal', 'Senapathi', 'Nedumkandam',
'Devikulam', and 'Kattappana', by issuance of a
writ in the nature of certiorari or any other
appropriate writ, order or direction;
b) Issue a writ in the nature of
prohibition or any other appropriate writ, order
or direction prohibiting respondents from
appointing new distributors for Liquified
Petroleum Gas pursuant to Exts.P5 and P6 in
Idukki District at 'Bison Valley', 'Konathady',
WP(C) Nos. 27016
& 27017 of 2011
'Rajakumari', 'Chinnakanal', 'Senapathi',
'Nedumkandam', 'Devikulam' and 'Kattappana';
and.
c) Grant such other and further reliefs
as are deemed just deemed and necessary in the
facts and circumstances of the case including
the costs of this proceedings; as also the
following."
2. The grievance of the petitioners is that
the Oil Marketing Companies are granting
distributorship without any criteria and adjacent
to the existing distributors. These writ
petitions are pending from 2011 onwards. There is
no interim order also in these writ petitions.
3. Heard the learned counsel appearing for
the petitioners and the learned Standing counsel
for the respondent Companies.
4. These writ petitions are filed on
12.10.2011 and are still pending. Based on the
prayers in these writ petitions, I think this
Court may not be able to pass any orders at this
distance of time. These are matters to be decided
by the Company according to their discretion. If
there is any individual grievance to the
WP(C) Nos. 27016
& 27017 of 2011
petitioners, they can approach the respondent
Company with representations. If such
representations are received, the Company will do
the needful based on the individual
representation.
With this observation, these writ petitions
are disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) Nos. 27016
& 27017 of 2011
APPENDIX OF WP(C) 27017/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NEWS ITEM PUBLISHED IN
MATHRUBHUMI DAILY DATED 5.8.2011.
EXHIBIT P2 TRUE COPY OF NEWS ITEM PUBLISHED IN
DEEPIKA, DAILY DATED 5.8.2011.
EXHIBIT P3 TRUE COPY OF ITEM PUBLISHED IN
MATHRUBHUMI DAILY DATED 3.9.2011.
EXHIBIT P4 TRUE COPY OF NEWS ITEM PUBLISHED IN
DEEPIKA, DAILY DATED 2.9.2011.
EXHIBIT P5 TRUE COPY OF NOTICE ISEUD BY
RESPONDENTS NOS 2 TO 4, PUBLISHED IN
MATHRUBHUMI DAILY DATED 30.12.2010.
EXHIBIT P6 TRUE COPY OF NOTICE ISSUED BY
RESPONDENT NOS. 2 TO 4. PUBLISHED IN
MALAYALA MANORAMA DAILY DATED
30.7.2011.
EXHIBIT P7 TRUE COPY OF BROCHURE ON SELECTION OF
RAJIV GANDHI GRAMIN LPG VITRAK ISSUED
BY RESPONDENTS NOS 2 TO 4.
EXHIBIT P8 TRUE COPY OF LETTER NO. P-
20020/22/2009-MKT. DATED 6.8.2009
ISSUED BY ITS RESPONDENT TO RESPONDENTS
NOS 2 TO 4 WITH RAJIV GANDHI GRAMIN LPG
VITRAK SCHEME ATTACHED THERETO.
EXHIBIT P9 TRUE COPY OF BROCHURE ON GUIDELINES FOR
SELECTION OF REGULAR LPG DISTRIBUTORS
ISSUED BY RESPONDENTS 2 TO 4.
RESPONDENT EXHIBITS
EXHIBIT R3 (A) TRUE COPY OF THE DISTRIBUTORSHIP
AGREEMENT DATED 21.07.2012 ENTERED INTO
BETWEEN THE PETITIONER AND THE 3RD
RESPONDENT.
WP(C) Nos. 27016
& 27017 of 2011
APPENDIX OF WP(C) 27016/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NEWS ITEM PUBLISHED IN
MATHRUBHUMI DAILY DATED 5.8.2011
EXHIBIT P2 TRUE COPY OF NEWS ITEM PUBLISHED IN
DEEPIKA, DAILY DATED 5.8.2011
EXHIBIT P3 TRUE COPY OF NEWS ITEM PUBLISHED IN
MATHRUBHUMI DAILY DATED 3.9.2011
EXHIBIT P4 TRUE COPY OF NEWS ITEM PUBLISHED IN
DEEPIKA, DAILY DATED 2.9.2011
EXHIBIT P5 TRUE COPY OF NOTICE ISSUED BY
RESPONDENTS NOS. 2 TO 4, PUBLISHED IN
MATHRUBHUMI DAILY DATED 30.7.2010
EXHIBIT P6 TRUE COPY OF NOTICE ISSUED BY
RESPONDENTS NOS.2 TO 4, PUBLISHED IN
MALAYALA MANORAMA DAILY DATED 30.7.2011
EXHIBIT P7 TRUE COPY OF BROCHURE ON SELECTION OF
RAJIV GANDHI GRAMIN LPG VITRAK ISSUED
EXHIBIT P8 TRUE COPY OF LETTER NO.P-20020/22/2009
-MKT. DATED 6.8.2009 ISSUED BY 1ST
RESPONDENTS NOS.2 TO 4 WITH RAJIV
GANDHI GRAMIN LPG VITRAK SCHEME
ATTACHED THERETO
EXHIBIT P9 TRUE COPY OF BROCHURE ON GUIDELINES FOR
SELECTION OF REGULAR LPG DISTRIBUTORS
RESPONDENT EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE DISTRIBUTORSHIP
AGREEMENT DATED 17.9.2004 ENTERED INTO
WP(C) Nos. 27016
& 27017 of 2011
BETWEEN THE PETITIONER AND THE 3RD
RESPONDENT
//TRUE COPY//
PA TO JUDGE
