Mani C.V vs Union Of India
2022 Latest Caselaw 1857 Ker

WP(C) No.5695/2022                       1/4




                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Friday, the 18th day of February 2022 / 29th Magha, 1943
                             WP(C) NO. 5695 OF 2022(J)
   PETITIONER:

          MANI C.V., AGED 50 YEARS, S/O. VASU,CHEEKODAN HOUSE, NEDUPUZHA,
          THRISSUR-680 007.

   RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM
         AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI-110001.
      2. INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS DIVISIONAL LPG
         HEAD, KOZHIKODE AREA OFFICE, IIND FLOOR, P.M.K.TOWERS, WAYANAD ROAD,
         CIVIL STATION P.O.,              KOZHIKODE, KERALA,PIN-673 020.
      3. THE DIVISIONAL LPG HEAD, INDIAN OIL CORPORATION LIMITED, KOZHIKODE
         AREA OFFICE, IIND FLOOR, P.M.K.TOWERS, WAYANAD ROAD, CIVIL STATION
         P.O., KOZHIKODE, KERALA,PIN-673 020.
      4. THE CHIEF GENERAL MANAGER (LPG), INDIAN OIL CORPORATION LIMITED,
         KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O.,
         KOCHI-682 036.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the effect and operation of Exhibits P1,P2 communications,
   pending disposal of the above WP(C).
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   ADARSH KUMAR, K.SANTHOSH KUMAR (KALIYANAM), K.M.ANEESH, BIJU VARGHESE
   ABRAHAM, DILEEP CHANDRAN, SHASHANK DEVAN, Advocates for the petitioners,
   the court passed the following:-




        P.T.O.
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                                           N. NAGARESH, J.

                          `````````````````````````````````````````````````````````````
                                        W.P.(C) No.5695 of 2022

                          `````````````````````````````````````````````````````````````
                               Dated this the 18th day of February, 2022

                                                 ORDER

~~~~~~

The petitioner challenges Exts.P1 to P3 and seeks

for an interim stay of operation of Exts.P1 and P2

communications.

2. The learned counsel for the petitioner submits that

in identical situations, Ext.P7 series of interim orders were

granted by this Court.

3. The learned Standing Counsel representing the

respondent-Corporation raised objection and submitted that

the earlier interim orders were granted when a judgment of a

learned Single Judge of the Hon'ble High Court of Delhi was

in place. Subsequently, the judgment has been reversed by

a Division Bench and there is no scope for grant of any

interim order now.

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            WP(C) No.5695/2022

4. The fact remains that the action of the respondent-

Corporation has been challenged before this Court in a

number of writ petitions which are pending consideration.

This writ petition will have to be considered along with the

said writ petitions. There is no reason for declining interim

order in this writ petition alone.

Accordingly, there will be an interim order as

prayed for, for a period of one month.

Sd/-

N. NAGARESH, JUDGE aks/18.02.2022 H/o.

18-02-2022                       /True Copy/                          Assistant Registrar
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                      APPENDIX OF WP(C) 5695/2022
Exhibit P1           A TRUE COPY OF THE COMMUNICATION DATED 29.10.2021

ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 02.02.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.09.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED 23.03.2020 IN WPC NO.9360/2020 PASSED BY THIS HON'BLE COURT Exhibit P7A A TRUE COPY OF THE INTERIM ORDER DATED 23.03.2020 IN WPC NO.9331/2020 PASSED BY THIS HON'BLE COURT Exhibit P7B A TRUE COPY OF THE INTERIM ORDER DATED 23.03.2020 IN WPC NO.7544/2021 PASSED BY THIS HON'BLE COURT Exhibit P7C A TRUE COPY OF THE INTERIM ORDER DATED 26.11.2021 IN WPC 26790/2021 PASSED BY THIS HON'BLE COURT Exhibit P7D A TRUE COPY OF THE INTERIM ORDER DATED 27.01.2021 IN WPC 2776/2022 PASSED BY THIS HON'BLE COURT Exhibit P7E A TRUE COPY OF THE INTERIM ORDER DATED 08.09.2021 PASSED BY THIS HON'BLE COURT IN WPC NOS 9331/2020, 9360/2020 AND 12028/2021 Exhibit P7F A TRUE COPY OF THE INTERIM ORDER DATED 23.09.2021 PASSED BY THIS HON'BLE COURT IN WPC NO.7544/2021 Exhibit P7G A TRUE COPY OF THE INTERIM ORDER DATED 06.01.2022 IN WPC 26790/2021