Kerala High Court
Rajeeshkumar.R.K vs Union Of India on 5 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 9850 OF 2024
PETITIONER:
RAJEESHKUMAR.R.K
AGED 48 YEARS,
S/O KUNHIRAMAN NAMBIAR, RESIDING AT USHA NIVAS,
CHENOLI ROAD, PERAMBRA, KOZHIKODE-673525, PROPRIETOR,
SHIVA BHARATH GAS SERVICES (SHIVA BHARATH GAS AGENCY),
KOYILANDY, KOZHIKODE, PIN - 673307.
BY ADVS.
K.M.JAMALUDHEEN
LATHA PRABHAKARAN
SAINA MARIYAM BABY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM AND
NATURAL GAS, SHASTHRI BHAVAN, NEW DELHI, PIN - 110001.
2 CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO),
CGO COMPLEX, 5TH, A BLOCK, SEMINARY HILLS, NAGPUR,
MAHARASHTRA, PIN - 440001.
3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
C2-IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM,
PIN - 682037.
4 BHARATH PETROLEUM CORPORATION LIMITED
REPRESENTED BY ITS TERRITORY MANAGER, COCHIN LPG
TERRITORY OFFICE, AMBALAMUGHAL, ERNAKULAM,
PIN - 682302.
BY ADV KRISHNA T C
SRI.S.MANU
SRI.V.GIREESH KUMAR, CGC
SRI.M.GOPIKRISHNAN NAMBIAR,SC
SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9850 OF 2024
2
T.R. RAVI, J.
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WP(C) No.9850 of 2024
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Dated this the 05th day of June, 2024
JUDGMENT
The prayer in this writ petition is for a direction to the
respondents 2 and 3 to transfer the explosives licence
regarding the Shivabharat Gas Service to the name of the
petitioner in view of the change of constitution and for
quashing Exts.P7 and P9 whereby the request has been
rejected. In Ext.P7 the reason stated is the pendency of
W.P.(C) No.30219 of 2023. The said writ petition has already
been dismissed as withdrawn by order even dated. The reason
no longer survives. The other reasons stated in Ext.P9 are
regarding the change of constitution of the firm, which
apparently has been understood by the officer to be a change
of the dealership itself to different names. The issue therefore
requires a reconsideration.
The writ petition is hence allowed. Exts.P7 and P9 are
quashed. There will be a direction to respondents 2 and 3 to
WP(C) NO. 9850 OF 2024
reconsider the question of transfer of the explosives licence
from one Saraswathy Sivan to the petitioner's name on the
petitioner producing the relevant documents regarding the
change of constitution of the firm and all other documents
relating to the constitution of the partnership. The reason for
the pendency of the writ petition shall no longer be a reason
to reject it. The orders shall be issued within three weeks from
today.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 9850 OF 2024
APPENDIX OF WP(C) 9850/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE
NO-G/SC/KL/06/573(G15316) DATED 3-12-2004
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE PARTNERSHIP DEED DATED
5-9-2021.
Exhibit P3 TRUE COPY OF THE GUIDELINES FOR
RECONSTITUTION OF LPG DISTRIBUTORSHIP,
2022 ISSUED BY THE 4TH RESPONDENT ALONG
WITH OTHER PETROLEUM COMPANIES DATED NIL.
Exhibit P4 TRUE COPY OF THE AGREEMENT EXECUTED BY THE
PARTNERS DATED 07-09-2021 WITH 4TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONER WITH THE 4TH RESPONDENT DATED
9-1-2024.
Exhibit P6 TRUE COPY OF THE ONLINE APPLICATION
SUBMITTED BEFORE THE 3RD RESPONDENT DATED
25-12-2023.
Exhibit P7 TRUE COPY OF THE LETTER BEARING
NO-G/SC/KL/06/573(G15316) DATED 9-1-2024
ISSUED BY THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE LETTER DATED 17-1-2024
SUBMITTED BEFORE THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE LETTER BEARING
NO-G/SC/KL/06/573(G15316) DATED 20-2-2024
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 11-3-2024
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P11 TRUE COPY OF THE EXPLANATION SUBMITTED BY
THE PETITIONER DATED 27-4-2024 TO THE 3RD
RESPONDENT.
