Mr.C.A.Abraham vs The Bharat Petroleum Corporation ...
2023 Latest Caselaw 8794 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 11167 OF 2023
PETITIONER:

          MR.C.A.ABRAHAM, AGED 73 YEARS
          S/O ABRAHAM, CHEMMERIKAT HOUSE, 'MAYOORAM',
          SHORANUR P.O., SHORANUR, PALAKKAD, PIN - 679121
          BY ADVS.
          M.JITHESH MENON
          P.DEEPAK


RESPONDENTS:

    1     THE BHARAT PETROLEUM CORPORATION LTD
          A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956,
          HAVING ITS REGISTERED OFFICE AT BHARAT BHAVAN NO.
          1& 2, 4&6, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI,
          REPRESENTED BY ITS CHAIRMAN, PIN - 400001
    2     THE CHIEF GENERAL MANAGER (PROJECTS)
          THE BHARAT PETROLEUM CORPORATION LTD. KOCHI
          REFINERY COMPLEX, AMBALAMUGAL, COCHIN, PIN - 682302
    3     PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO)
          A' BLOCK, CGO COMPLEX, 5TH FLOOR, SEMINARY HILLS,
          NAGPUR, MAHARASHTRA, REPRESENTED BY THE CHIEF
          CONTROLLER OF EXPLOSIVES, PIN - 440006

    4     THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
          PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO)
          KENDRIYA BHAVAN, BLOCK C2, CGO COMPLEX, KAKKANAD,
          ERNAKULAM, PIN - 682037

    5     MR.KUNJI MOHAMMED, AGED 66 YEARS
          S/O HYDROSE HAJI, PADINJARETHIL HOUSE, PALLOOR
          P.O., DESAMANGALAM, THRISSUR DISTRICT, PIN-679 532,
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
          MR.SHABEER, AGED 38 YEARS, S/O HAMSA, MANAL
          PARAMBIL HOUSE, VARODE P.O.OTTAPALAM, PALAKKAD, PIN
          - 679102
 WPC 11167/2023                            2


     6       MR.ABOOBACKER, AGED 62 YEARS
             S/O SAIDALIKUTTY, MANAL PARAMBIL HOUSE,
             THOTTAKARA P.O., OTTAPALAM, PALAKKAD- 679102
             REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
             MR.SHABEER, AGED 38 YEARS, S/O HAMSA, MANAL
             PARAMBIL HOUSE, VARODE P.O.,OTTAPALAM, PALAKKAD,
             PIN - 679102
     7       MR.MAYAROOF
             AGED 61 YEARS
             S/O PULICKAL KUNHI MOOSA, HIRA MANZIL, CHAMPAD
             P.O., KANNUR- 670694 REPRESENTED BY HIS POWER OF
             ATTORNEY HOLDER MR.SHABEER, AGED 38 YEARS, S/O
             HAMSA, MANAL PARAMBIL HOUSE, VARODE P.O.,
             OTTAPALAM, PALAKKAD, PIN - 679102
             BY ADVS.
             M.GOPIKRISHNAN NAMBIAR
             MANU S. DSG OF INDIA
             Martin Jose P
             K.JOHN MATHAI(K/413/1984)
             JOSON MANAVALAN(J-526)
             KURYAN THOMAS(K/131/2003)
             PAULOSE C. ABRAHAM(MAH/58/2006)
             RAJA KANNAN(K/356/2008)
             VIJAYAKUMAR K.(K/000338/2023)
             P.PRIJITH(K/233/2005)
             THOMAS P.KURUVILLA(K/420-B/2005)
             R.GITHESH(K/630/2002)
             AJAY BEN JOSE(K/729/2012)
             MANJUNATH MENON(K/000474/2015)
             SACHIN JACOB AMBAT(K/734/2016)
             ANNA LINDA EDEN(K/1201/2020)
             HARIKRISHNAN S.(K/497/2019)
             S.SREEKUMAR (SR.)(S-571)
             MANU S. DSG OF INDIA


      THIS       WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   14.08.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 11167/2023                               3


                    P. V. KUNHIKRISHNAN, J.
                 -------------------------------------------
                      WP(C).No.11167 of 2023
                 -------------------------------------------
              Dated this the 14th day of August, 2023

                                JUDGMENT

The above writ petition is filed with the following prayers:

(i) Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Exhibits P8 and P9 and quash the same.

(ii) Dispense with English translations of the vernacular exhibits till such time otherwise ordered by this Honourable Court.

(iii) Issue such other writ, order or direction as this Honourable Court may deem fit and apposite in the facts and circumstances of the case.

[SIC]

2. The main grievance raised in this petition is that Ext.P8

order is passed by the 4th respondent without giving an opportunity

of hearing to the petitioner who is the dealer of the outlet.

3. Heard learned counsel for the petitioner, learned DSGI

appearing for respondents 3 and 4, learned Standing Counsel

appearing for respondents 1 and 2 and Sri.S. Sreekumar, learned

senior counsel instructed by Sri.P.Martin Jose for respondents 5 to 7.

This Court perused Exts.P4 and P7 judgments. This Court in Exts.P4

and P7 judgments directed the 4 th respondent to pass final orders

after giving an opportunity of hearing to the petitioner and other

affected parties. After Ext.P4 judgment, the Division Bench

delivered Ext.P5 judgment with certain modifications. Admittedly,

the respondents 1 and 2 were heard before passing Ext.P8 order, but

the dealer who is the petitioner herein was not heard. I do not want

to make any observation about the merits of the case. I am of the

considered opinion that the dealer is also an affected party.

Therefore, without making any observation on merit, Exts.P8 and P9

orders can be set aside and there can be a direction to reconsider the

matter by the 4th respondent after giving an opportunity of hearing to

the petitioner, in the light of the directions in Exts.P4 and P7

judgments.

Therefore, this writ petition is disposed of with the following

directions:

(i) Exts.P8 and P9 orders are set aside.

(ii) The petitioner, respondents 1 and 2, and 5 to 7 or their representative will appear before the 4 th respondent on 21.08.2023 at 11 a.m.

(iii) The 4th respondent will decide the matter afresh in the light of Exts.P4 and P7 judgments, after

giving sufficient opportunity of hearing to the petitioner.

(iv) The learned DSGI will communicate this order to the 4th respondent.

(v) The 4th respondent will hear all the parties on 21.08.2023 or any other day fixed by the 4 th respondent and pass final orders as expeditiously as possible, at any rate within 10 days from 21.08.2023.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 11167/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DISPENSING PUMP AND SELLING LICENSE (DPSL) ISSUED ON 01.02.2020 Exhibit P2 A TRUE COPY OF THE REGISTERED LEASE DEED DATED 23.08.1957 Exhibit P3 A TRUE COPY OF THE REGISTERED LEASE DEED DATED 12.07.1993 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 14.02.2022 IN WPC NO: 12035 OF 2021 Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 06.04.2022 IN WA NO: 451 OF 2022 Exhibit P6 A TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 01.04.2022 Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 22.08.2022 IN WPC NO: 18108 OF 2022 Exhibit P8 A TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 24.02.2023 [NO:

P/SC/KL/14/611(35310)] Exhibit P9 A TRUE COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT DATED 28.02.2023 RESPONDENT EXHIBITS EXHIBIT R 5(a) True copy of sale deed No.668/1/21 dated 16-02-2021 of Ottapalam SRO EXHIBIT R 5(b) True copy of Order No.P/SC/KL/14/611(P35310) dated 07-12-