Vijayakumar B vs Union Of India
2022 Latest Caselaw 5689 Ker

Citation : 2022 Latest Caselaw 5689 Ker
Judgement Date : 27 May, 2022

Kerala High Court

Vijayakumar B vs Union Of India on 27 May, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 34292 OF 2019
PETITIONER:

           VIJAYAKUMAR B.,
           AGED 49 YEARS
           S/O.BHASKARAN, PROPRIETOR, THINUVONAM INDANE SERVICES,
           MARARIKULAM P.O., ALAPPUZHA - 688 549.
           BY ADVS.
           GEORGE MATHEW
           M.D.SASIKUMARAN
           PRAVEEN S.
           SUNIL KUMAR A.G
           DIPU JAMES
           MATHEW K.T.
           K.V.GEORGE


RESPONDENTS:

    1      UNION OF INDIA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           MINISTRY OF PETROLEUM AND NATURAL GAS,
           CENTRAL SECRETARIAT,
           NEW DELHI - 110 001.
    2      INDIAN OIL CORPORATION,
           MARKETING DIVISION HEAD OFFICE,
           INDIA OIL BHAVAN, G-9, ALI YAVAR JUMG MARG,
           BANDRA EAST, MUMBAI - 400 051,
           REP. BY ITS MANAGING DIRECTOR.
    3      INDIAN OIL CORPORATION,
           INDANE DIVISION, AREA OFFICE,
           PANAMPILLY NAGAR, KOCHI - 672 036,
           REP. BY ITS GENERAL MANAGER.
    4      GENERAL MANAGER (LPG-S) CAO,
           INDIAN OIL CORPORATION,
           INDANE DIVISION,
           AREA OFFICE, PANAMPILLY NAGAR,
 WP(C) NO. 34292 OF 2019
                             2

          KOCHI - 682 036.
   5      THE APPELLATE AUTHORITY,
          GENERAL MANAGER I/C (LPG),
          STATE OFFICE INDIAN OIL CORPORATION,
          PANAMPILLY NAGAR, KOCHI - 682 036.
          BY ADV Mr.A.G.ADITYA SHENOY, CGC



          SRI.M.GOPIKRISHNAN NAMBIAR, SC,
          SRI.MANU, ASGI



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 34292 OF 2019
                               3


              P.V.KUNHIKRISHNAN, J.
             ------------------------------
            W.P.(C).No. 34292 of 2019
     ----------------------------------------------
       Dated this the 27th day of May, 2022


                        JUDGMENT

The above writ petition is filed with the following prayers:

"(i) to call for the records which lead to the issuance of Ext.P3 and to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the same;

(ii) to declare that the petitioner is not liable to pay any amounts as claimed through Ext.P3 and there is no violation of marketing discipline guidelines 2018;

(iii) to pass an order directing respondents to return the amount of Rs.64,630/- collected from the petitioner as per Ext.P3 and the amounts remitted as per Ext.P6;

(iv) to pass an order directing the respondents to consider and pass orders on Ext.P5 appeal within a time frame to be fixed by this Hon'ble Court;

(v) to grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."[SIC] WP(C) NO. 34292 OF 2019

2. Petitioner filed Ext.P5 appeal challenging

Ext.P3 order. When this writ petition came up for

consideration on 23.05.2022, this Court directed the

counsel appearing for respondents 2 to 5 to get

instruction whether the appeal is already disposed of.

Today when this writ petition came up for

consideration, the counsel submitted that the appeal is

not considered. The counsel submitted that there is

two days delay in filing the appeal. Any way Ext.P5

appeal is pending before the 5th respondent. In such

circumstances, there can be a direction to the 5 th

respondent to consider the appeal and pass

appropriate orders in it in accordance to law, after

giving an opportunity of hearing to the petitioner

within a time frame. The refund of the amount, which

is debited from the account of the petitioner will be

subject to the result of the decision in Ext.P5. The

contentions raised by the petitioner about debiting the

amount from his account, which he allege as illegal is WP(C) NO. 34292 OF 2019

left open.

Therefore this writ petition is disposed of in the

following manner:

i. The competent authority among the

respondents will consider Ext.P5 appeal, as

expeditiously as possible, at any rate, within a period

of two months from the date of receipt of a copy of

this judgment.