Kerala High Court
Haneema C.Mony vs Union Of India on 27 January, 2022
WP(C) No.2776/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 27th day of January 2022 / 7th Magha, 1943
WP(C) NO. 2776 OF 2022
PETITIONER:
HANEEMA C.MONY, AGED 36 YEARS, W/O.MONY, CHERIYAPARAMBIL HOUSE, PADY
P.O., EAST KODALY, THRISSUR DISTRICT, KERALA-680 699.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM
AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI-110 001.
2. INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS DIVISIONAL LPG
HEAD, KOZHIKODE AREA OFFICE, IIND FLOOR, PMK 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, PMK 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 P2, P3
communications, pending disposal of the above WP(C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.ADARSH KUMAR, K.M.ANEESH, SANTHOSH KUMAR, BIJU ABRAHAM, DILEEP
CHANDRAN & SHASHANK DEVAN Advocates for the petitioner, ASSISTANT
SOLICITOR GENERAL OF INDIA for R1 (By Order) and of STANDING COUNSEL for
R2 to R4 (By Order), the court passed the following:
WP(C) No.2776/2022 2/4
N.NAGARESH, J.
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W.P.(C).No.2776 of 2022
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Dated this the 27th day of January, 2022
ORDER
Admit.
2. The learned ASGI takes notice for the 1 st respondent.
The learned Standing Counsel takes notice for respondents 2 to
4.
3. The learned Standing Counsel would submit that
Ext.P7 judgment of the Hon'ble High Court of Delhi has been
over-ruled by a Division Bench. The interim orders at Ext.P8
series were passed earlier based on the over-ruled judgment of
the Hon'ble High Court of Delhi. Since the said judgment is
over-ruled by a Division Bench, no interim order may be passed
in this writ petiion, following Ext.P8 series.
4. Going through the pleadings, it is evident that Ext.P8
series interim orders were passed in identical cases. Interim
WP(C) No.2776/2022 3/4
W.P.(C).No.2776 of 2022
Orders prima facie do not indicate that the interim orders were
passed solely based on Ext.P7 judgment of the Hon'ble High
Court of Delhi.
5. In the circumstances, following Ext.P8 series interim
orders, there will be an interim order as prayed for, in this case
also, for a period of one month.
Post on 14.02.2022.
sd/-
N.NAGARESH,
JUDGE
hmh
27-01-2022 /True Copy/ Assistant Registrar
WP(C) No.2776/2022 4/4
APPENDIX OF WP(C) 2776/2022
Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 28.10.2021
ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF COMMUNICATION DATED 29-12-2021 ISSUED BY
THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 18.03.2020 IN WPC
NO.10334/2017 PASSED BY THE HON'BLE DELHI HIGH COURT.
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 23.03.2020 IN
WPC NO.9360/2020 PASSED BY THIS HOBN'BLE COURT.
