K.Vidhyadharan vs Hindustan Petroleum Corpn.Ltd
2021 Latest Caselaw 21437 Ker

            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. 32628 OF 2011
PETITIONER:

            K.VIDHYADHARAN
            AGED 42 YEARS, KALAPPALLIL HOUSE, THALAYAZHA PO,
            VAIKOM, KOTTAYAM 686 607, PROPRIETOR,
            M/S. HARI FUELS,HPC DEALER, VAIKOM.)
            BY ADVS.
            SRI.T.M.RAMAN KARTHA
            SRI.ARUN BASIL

RESPONDENTS:

    1       HINDUSTAN PETROLEUM CORPORATION.LTD
            REGD. OFFICE AT 17, JAMSHEDJI TATA ROAD,
            MUMBAI-400020 REPRESENTED BY ITS MANAGING
            DIRECTOR.
    2       SENIOR REGIONAL MANAGER
            HINDUSTAN PETROLEUM CORPORATION LTD, ERNAKULAM
            NORTH, COCHIN -18.
    3       THE EXECUTIVE SALES OFFICER
            HINDUSTAN PETROLEUM CORPORATION LTD,KOTTAYAM, 686
            001.
    4       QUALITY CONTROL LABORATORY
            HINDUSTAN PETROLEUM CORPORATION LTD,KOTTAYAM,
            682309
    5       UNION OF INDIA REPRESENTED BY THE
            SECRETARY, MINISTRY OF PETROLEUM & NATURAL GAS,
            CENTRAL SECRETARIAT, NEW DELHI 110 001.
            BY ADVS.
            SRI.P.BENNY THOMAS
            SRI.P.GOPINATH
            SRI.K.JOHN MATHAI
            SRI.E.K.NANDAKUMAR
OTHER PRESENT:

            SMT.RAMOLA NAYANPALLY, SC
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   29.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.32628/2011

                                        2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.32628 of 2011
              ----------------------------------------------
            Dated this the 29th day of October, 2021


                             JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Ext.P4, P5, P7, P8, P11 and P13 and quash the same by the issuance of a writ of certiorari.

ii. Issue a Writ of Mandamus directing the respondents 1 to 3 to conduct re-test of the samples as ordered in Ext.P10.

iii. Issue a writ of mandamus directing the respondents 1 to 3 to supply fuel to the petitioner in compliance with the purchase order made by him on 14.10.2011 and permit him to operate the Outlet forthwith.

iv. Pass such other and further orders which are deemed to be just and proper in the facts and circumstances of this case.

2. Today, when this writ petition came up for

consideration, the Standing Counsel for respondents 1 to 4

submitted that the dealership of the petitioner itself is

terminated subsequent to the filing of this writ petition and

the termination order was challenged before this Court by W.P.(C).No.32628/2011

filing W.P.(C). No.2839 of 2012 and that writ petition was

dismissed, without prejudice to the right of the petitioner to

resort for arbitration.

In such circumstances, I think nothing survives in this

writ petition. Therefore, this writ petition is dismissed as

infructuous.

Sd/-

                                      P.V.KUNHIKRISHNAN
JV                                           JUDGE