Ali Haji vs The Indian Oil Corportaion
2024 Latest Caselaw 12931 Ker

Kerala High Court

Ali Haji vs The Indian Oil Corportaion on 22 May, 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 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                      WP(C) NO. 12188 OF 2024
PETITIONER:

          ALI HAJI
          AGED 70 YEARS
          S/O. UNNEEN, ANTHUKKADAN HOUSE, CHIRAYIL P.O.,
          PALLIKKAL, KONDOTTY, MALAPPURAM DISTRICT,
          PIN - 673638.

          BY ADV K.RAKESH


RESPONDENT:

          THE INDIAN OIL CORPORTAION
          REPRESENTED BY ITS DIVISIONAL RETAIL SALES HEAD,
          DIVISIONAL OFFICE, 1ST FLOOR, PMK TOWERS,
          CIVIL STATION P.O., WAYANAD ROAD, KOZHIKODE DISTRICT,
          PIN - 673020.

          BY ADVS.
          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)

          SRI.M GOPIKRISHNAN NAMBIAR, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12188 OF 2024

                                         2

                                  T.R. RAVI, J.
                  --------------------------------------------
                       W.P.(C) No.12188 of 2024
                      --------------------------------------------
                  Dated this the 22nd day of May, 2024

                                 JUDGMENT

The prayer in the writ petition is for a direction to the

respondent to consider Ext.P2 and carry out necessary

correction in the dealership agreement as expeditiously as

possible. The reason for submitting Ext.P2 is that the lessor in

the property on which the petroleum outlet is being conducted

is no more and the legal heirs have sought termination of the

lease by issuance of Ext.P1 lawyer notice.

In the above circumstances and in view of the limited

prayer made, this writ petition is disposed of directing the

respondent to consider the request made through Ext.P2 and

pass orders if necessary after hearing the petitioner.

Necessary action shall be taken within two months from

today.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 12188 OF 2024

APPENDIX OF WP(C) 12188/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAWYER NOTICE DATED 12-01-2023 ISSUED BY THE LEGAL HEIRS OF 'VELLIKKODAN MOIDU'.

Exhibit P2 A TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENT ON 3-2-2023.

Exhibit P3 A TRUE COPY OF THE LEASE SURRENDER DEED EXECUTED BY THE PETITIONER IN FAVOUR OF THE LEGAL HEIRS OF 'VELLIKKODAN MOIDU' DATED 11-07-2023.