Kerala High Court
Jacob J Illickan And Co vs E.A. Sankaranarayanan ... on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
RP NO. 295 OF 2023
AGAINST THE JUDGMENT IN RSA 1274/2010 OF HIGH COURT OF
KERALA
REVIEW PETITIONER:
JACOB J ILLICKAN AND CO.,
H.P.DEALER, S.A.ROAD, KOCHI,
REPRESENTED BY JOHN J ILLICKAN,
PROPRIETOR, PIN - 682 036
BY ADVS.
JOHNSON P.JOHN
M.K.SHASHIKUMAR
P.BABU KUMAR
RESPONDENTS/RESPONDENTS AND APPELLANT IN RSA:
1 E.A.SANKARANARAYANAN BHATTATHIRIPAD (DIED, LHRS
RECORDED), AGED 72 YEARS,
S/O AARYAN BHATTATHIRIPAD, RESIDING AT
"SREENILAYAM", EDATHAMARA MANA, KALOOR,
KADAVANTHRA., PIN - 682017
2 E.A.SREEDHARAN BHATTATHIRIPAD, (DIED, LHRS
RECORDED), AGED 68 YEARS,
S/O AARYAN BHATTATHIRIPAD,RESIDING AT
"RAJASREE",,EDATHAMARA MANA, CENTRAL SCHOOL ROAD,
KADAVANTHRA ROAD., PIN - 682017
3 E.A. RAMAN BHATTATHIRIPAD, AGED 65 YEARS,
S/O AARYAN BHATTATHIRIPAD,RESIDING AT
"SREESYLAM",EDATHAMARA MANA, KALOOR KADAVANTHRA
ROAD, KOCHI., PIN - 682017
4 E.A. CHERIYA AARYAN BHATTATHIRIPAD (DIED, LHRS
RECORDED), AGED 61 YEARS,
S/O AARYAN BHATTATHIRIPAD,RESIDING AT
SREESYLAM,EDATHAMARA MANA, KALOOR,
KADAVANTHRA ROAD., PIN - 682017
RP No.295 of 2023
in
RSA No.1274 of 2010
-: 2 :-
5 E.A. VIRUPAKSHAN BHATTATHIRIPAD,
AGED 57 YEARS, S/O AARYAN
BHATTATHIRIPAD,RESIDING AT
SREESYLAM,EDATHAMARA MANA, KALOOR KADAVANTHRA
ROAD., PIN - 682017
6 PARVATHY ANTHARJANAM
W/O E.A.SANKARANARAYANAN BHATTATHIRIPAD,
AGED 57,RESIDING AT SREESYLAM,EDATHAMARA MANA,
KALOOR KADAVANTHRA ROAD, KALOOR P.O..,
PIN - 682017
7 NALINI ANTHARJANAM,
W/O E.A.SREEDHARAN BHATTATHIRIPAD,
AGED 57,RESIDING AT RAJASREE,EDATHAMARA MANA,
CENTRAL SCHOOL ROAD, KADAVANTHRA. PIN - 682017
8 SREEDEVI ANTHARJANAM
W/O E.A. RAMAN BHATTATHIRIPAD AGED 51,
RESIDING AT SREESYLAM,EDATHAMARA MANA, KALOOR
KADAVANTHRA ROAD, KOCHI., PIN - 682017
9 NIRMALA ANTHARJANAM, AGED 53 YEARS
W/O E.A. CHERIYA AARYAN BHATTATHIRIPAD ,
S/O AARYAN BHATTATHIRIPAD,RESIDING AT
SREESYLAM,EDATHAMARA MANA, KALOOR KADAVANTHRA
ROAD, PIN - 682017
10 SANTHA ANTHARJANAM
W/O E.A. VIRUPAKSHAN BHATTATHIRIPAD, AGED 53,
RESIDING AT SREESYLAM,EDATHAMARA MANA, KALOOR
KADAVANTHRA ROAD., PIN - 682017
11 E.S. MADHU,AGED 35 YEARS
S/O E.A. SANKARANARAYANAN BHATTATHIRIPAD
RESIDING AT SREESYLAM,EDATHAMARA MANA, KALOOR,
KADAVANTHRA., PIN - 682017
12 E.S.MAHESH, AGED 32 YEARS
S/O E.A. SANKARANARAYANAN BHATTATHIRIPAD,
RESIDING AT SREESYLAM,EDATHAMARA MANA, KALOOR,
KADAVANTHRA., PIN - 682020
13 E.S. RAJESH, AGED 33 YEARS
S/O E.A.SREEDHARAN BHATTATHIRIPAD, RESIDING AT
RAJASREE,EDATHAMARA MANA, CENTRAL SCHOOL ROAD,
KADAVANTHRA ROAD., PIN - 682020
RP No.295 of 2023
in
RSA No.1274 of 2010
-: 3 :-
14 SREEJA NARAYANAN, AGED 32 YEARS
D/O E.A.SREEDHARAN BHATTATHIRIPAD, RESIDING AT
RAJASREE,EDATHAMARA MANA, CENTRAL SCHOOL ROAD,
KADAVANTHRA ROAD., PIN - 682020
15 MINI SANTHOSH, AGED 29 YEARS
D/O E.A. RAMAN BHATTATHIRIPAD RESIDING AT
SREESYLAM,EDATHAMARA MANA, KALOOR KADAVANTHRA
ROAD, KOCHI., PIN - 682020
16 SARITHA, AGED 23 YEARS
D/O E.A. CHERIYA AARYAN BHATTATHIRIPAD, ,
RESIDING AT SREESYLAM,EDATHAMARA MANA, KALOOR
KADAVANTHRA ROAD., PIN - 682017
17 GOUTHAM AARYAN, AGED 25 YEARS
S/O E.A. VIRUPAKSHAN BHATTATHIRIPAD, RESIDING
AT SREESYLAM,EDATHAMARA MANA, KALOOR
KADAVANTHRA ROAD., PIN - 682017
18 AMRITHA, AGED 24 YEARS
D/O E.A. CHERIYA AARYAN BHATTATHIRIPAD,
RESIDING AT SREESYLAM,EDATHAMARA MANA, KALOOR
KADAVANTHRA ROAD., PIN - 682017
19 NEELIMA, AGED 25 YEARS
D/O E.A. VIRUPAKSHAN BHATTATHIRIPAD, RESIDING
AT SREESYLAM,EDATHAMARA MANA, KALOOR
KADAVANTHRA ROAD., PIN - 682017
20 HINDUSTAN PETROLEUM CORPORATION LTD.,
TATA ROAD, POST BOX NO. 2612,
ERNAKULAM, KOCHI REPRESENTED BY ITS
REGIONAL MANAGER, PIN - 682031
BY ADV MADHU N.NAMBOOTHIRIPAD
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Sathish Ninan, J.
==============================
RP No.295 of 2023
in
RSA No.1274 of 2010
==========================
Dated this the 31st day of March, 2023
JUDGMENT
Learned counsel for the petitioner seeks
permission to withdraw the review petition without
prejudice to the rights. Permission granted.
The writ petition is dismissed as withdrawn.
Sd/-Sathish Ninan, Judge
amk
APPENDIX OF RP 295/2023
PETITIONER'S ANNEXURES :
Annexure A1 AWARD OF APPRECIATION IN TEN YEARS CONTINUOUS
ASSOCIATION IN THE SALE OF CALTEX PETROLEUM
PRODUCTS 1957 TO 1967
Annexure A2 AUTHORISATION AND RECORD OF FIXED CHARGES AND
COLLECTION DATED 12-05-1982
Annexure A3 APPLICATION SUBMITTED TO COCHIN CORPORATION
UNDER RIGHT TO INFORMATION ACT FOR DETAILS OF
PERMISSION TO ERECT PETROLEUM RETAIL OUTLET
AND TAX ASSESSMENT REGISTER DATED 04.01.2023
Annexure A4 INDEMNITY BOND EXECUTED BY PETITIONER COMPANY
IN FAVOUR OF 1ST DEFENDANT, COMPANY
DATED 09-09-2019
Annexure A5 REPRESENTATION SUBMITTED BY CUSTOMERS OF THE
PETROLEUM OUTLET TO DISTRICT COLLECTOR DATED
NIL
Annexure 4 CERTIFIED COPY OF SALE DEED NO.864/1957 DATED
23/4/1957 OF SRO, ERNAKULAM EXECUTED BY
MATHIRI W/O MATHAI IN FAVOR OF JACOB S/O JOHN
ILLICKAL
Annexure 5 PROCEEDINGS OF THE DEPUTY SPECIAL OFFICER,
CORPORATION OF COCHIN, ERNAKULAM IN THE DATED
19/2/1968 ISSUED TO PETITIONER'S PREDECESSOR
Annexure 6 CERTIFIED COPY OF REGISTERED AGREEMENT
NO.787/1969DATED 25/1/1969 OF SRO, ERNAKULAM
EXECUTED BY PRISTEENA AND OTHERS AND JACOB
J.ILLICKAL
