Usha.C vs Indane, Indian Oil Corporation ...
2022 Latest Caselaw 9559 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944

                             WA NO. 422 OF 2022

  AGAINST JUDGMENT DATED 15.03.2021 IN WP(C) NO.15197/2020 OF THIS COURT

                                    ---

APPELLANT/PETITIONER:

     USHA C., D/O.CHINNAMMA, AGED 52 YEARS, RESIDING AT KOCHUPADITHETHIL,
     PATHIYOORKKALA, KEERIKKADU P.O. ALAPPUZHA. PIN-690502.

BY ADVS.M/S. R.SURENDRAN & S.MAYUKHA

RESPONDENTS/RESPONDENTS:

  1. INDANE, INDIAN OIL CORPORATION LTD., REGD, OFFICE G-9, ALI YAVAR
     JUNG MARG, BANDRA (EAST), MUMBAI- 400051.AND 3 OTHERS.

 BY ADVS.M/S. M.GOPIKRISHNAN NAMBIAR,JOHN MATHAI K.,

JOSON MANAVALAN,   KURYAN THOMAS,PAULOSE C. ABRAHAM & RAJA KANNAN FOR R1 &
2

     This Writ Appeal again coming on for orders on 25/08/2022 upon
perusing the appeal memorandum and this court's order dated
24/05/2022, the court on the same day passed the following:

                                                                     P.T.O.
 EXT.P1:TRUE COPY OF LETTER OF INTENT (LOI)

DATED 30.7.2018 ALLOTTED BY THE RESPONDENTS

TO THE PETITIONER.

EXT.P7:TRUE COPY OF LETTER DATED 16.7.2020

ISSUED BY THE RESPONDENTS COMMUNICATING

THE CANCELLATION OF LOI.

                             ---
                           S. MANIKUMAR, CJ
                                        &
                           SHAJI P. CHALY, J
                 -----------------------------------------------
                          W.A No. 422 of 2022
                  ----------------------------------------------
              Dated this the 25th day of August, 2022

                                ORDER

S. Manikumar, CJ.

On 24.5.2022, we recorded the submission of learned

counsel for Indian Oil Corporation, which reads thus:

"4. When the appeal came up for admission, learned counsel appearing for Indian Oil Corporation Ltd. submitted that though Exhibit P1 Letter of Intent dated 30.7.2018 has been cancelled by Exhibit P7, in the year 2020, and an attempt was also made to grant permission, there are no eligible persons. Thus, establishment of LPG godown cannot be finalised."

2. With reference to the query made in paragraph 5 of the

order, Mr. Paulose C. Abraham, learned counsel for Indian Oil

Corporation Ltd. submitted that after rejection of the letter of

intent, a separate procedure is envisaged for redraw of lots and

that a notification has to be issued. According to the learned

counsel, notification will be issued shortly and procedure to be

followed is not completed.

W.A.422/2022

3. Having regard to the above, prima facie, we are of the

view that in the absence of any provision to accept alternate

site after rejection of letter of intent, writ appeal has to be

heard.

4. Indian Oil Corporation Ltd., respondent No.1 is

directed to file an affidavit setting out the procedure to be

followed, after rejection of letter of intent.

Post on 22.9.2022.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.

25-08-2022 /True Copy/ Assistant Registrar