Kerala High Court
Sr.Lins Kizhakkel vs Union Of India on 23 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 29173 OF 2013
PETITIONERS:
1 SR. LINS KIZHAKKEL, SABC,
ST.JOHN'S PROVINCE, REGN NO K/274/2004, CHIRAKKADAVU,
KANJIRAPALLY - 686 507, KOTTAYAM DIST
2 SR. AMAL JOSE SCSJG,
SISTERS OF CHARITY OF ST. JOHN OF GOD, REGN NO K/47/04
P O KATTAPPANA SOUTH - 685 515, IDUKKI DIST
3 SR. ANNIE JOJN SH
SACRED HEART TRUST, VIMALA PROVINCE, REGN NO K/95/91
PODIMATTAM, P O PARARTHODU - 686 512, KANJIRAPILLY,
KOTTAYAM DISTRICT
4 SR. JULIE FCC
FRANCISCAN CHARIST CONGREGATION, ST. THOMAS PROVINCE,
PODIMATTAM, P O PARARTHODU - 686512, KANJIRAPPALLY,
KOTTAYAM DIST
5 SR. JANCY MARIA C M C
AMALA PROVINCIAL HOUSE, PODIMATTAM, P O PARARTHODU -
686512, KANJIRAPPALLY, KOTTAYAM DIST
BY ADVS.
DR.VINCENT PANIKULANGARA
SRI.V.S CHANDRASEKHARAN
RESPONDENTS:
1 UNION OF INDIA
REP.BY THE SECRETARY FOR PETROLEUM AND NATURAL GAS,
GOVERNMENT OF INDIA, NEW DELHI-110 001
2 CHIEF AREA MANAGER
INDANE AREA OFFICE, INDIAN OIL CORPORATION LTD, PANAMPILLY
AVANUE, PANAMPILLY NAGAR, COCHIN - 682 036, KERALA
WP(C) NO. 29173 OF 2013
2
BY ADVS.
SRI. T.C. KRISHNA, SR. PANEL COUNSEL
SRI.P.PARAMESWARAN NAIR, ASG OF INDIA
SRI.P.BENNY THOMAS
SRI.M.GOPIKRISHNAN NAMBIAR - R2
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 29173 OF 2013
3
P.V.KUNHIKRISHNAN, J.
--------------------------------------------
W.P.(C) No.29173 of 2013
----------------------------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
i) a declaration that the petitioners and the convents
they represent do not come within the purview of
Non-Domestic Consumers and that they are entitled
to be treated as Domestic Consumers for the Pricing
and Supply of LP Gas (Packed) at subsidized rates,
ii) a writ in the nature of certiorari or any other writ,
direction or order calling for the records leading to the
issuance of Ext: P-7and quash all of them including
Ext: P7
iii) a writ in the nature of mandamus or any other
writ, direction or order commanding the 2nd
respondent to treat the petitioners and the convents
WP(C) NO. 29173 OF 2013
they represent as Domestic Consumers and to direct
its outlets to supply LP Gas (Packed) to them at
subsidized rates applicable to other Domestic
Consumers with immediate effect;
iv) a writ in the nature of mandamus or any other
writ, direction or order commanding the 2nd
respondent to register the petitioners and the
convents they represent as Domestic Consumers and
to direct its outlets to supply LP Gas (Packed) to them
at subsidized rates applicable to other Domestic
Consumers with immediate effect;
v) a writ in the nature of mandamus or any other
writ, direction or order directing the 2nd respondent
to supply of LP Gas to the registered societies
represented by the 2nd and the 3rd petitioners and
the convents under them listed in Exts: P-2 and P-3.
vi) a writ in the nature of mandamus or any other
writ, direction or order commanding the 2nd
respondent to direct its outlets Jyothi Gas Agency,
Mundakkayam, Mary Matha Gas Agency,
Ponkunnam and Divine Gas Enterprises, Kattappana
to resume the supply of subsidized LP Gas to
Consumer Nos: 5626, 29982 and 9758 respectively
forthwith; and
WP(C) NO. 29173 OF 2013
vii) any other relief this honourable court deems fit
and proper in the nature and circumstances of the
case, including a directions to pay costs to the
petitioners.
2. When this writ petition came up for
consideration on 27.03.2024, this Court passed the
following order:
"There is no representation for the petitioners.
The learned Standing Counsel for the Indian
Oil Corporation seeks time to find out the present
status of Ext.P7.
Post on 23.05.2024."
3. Today also, there is no representation for
the petitioners. The learned Standing Counsel
appearing for the 2nd respondent submitted that the
prayers in this writ petition are infructuous in the
light of the subsequent events. In the light of the
WP(C) NO. 29173 OF 2013
same, this writ petition need not be retained here.
Hence, this writ petition can be closed.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 29173 OF 2013
APPENDIX OF WP(C) 29173/2013
PETITIONER EXHIBITS
P1:-LIST OF THE 26 CONVENTS UNDER THE IST
PETITIONER
P2:-LIST OF THE 28 CONVENTS UNDER THE 2ND
PETITIONER
P3:-LIST OF THE 30 CONVENTS UNDER THE 3RD
PETITIONER
P4:-LIST OF THE 10 CONVENTS UNDER THE 4TH
PETITIONER
P5:-LIST OF THE 33 CONVENTS UNDER THE 5TH
PETITIONER
P6:-TRUE COPY OF ORDER NO P-20016/4/87-PP DTD
13/4/1987 ISSUED BY THE IST RESPONDENT TO
THE 2ND RESPONDENT
P7:-TRUE COPY OF THE STANDARD LETTER
CAO/S/10 DTD 11/11/2013 ISSUED BY THE 2ND
RESPONDENT TO A PETITIONER
P8:-TRUE COPY OF LETTER D O NO P 17018/2013-
LPG (PT-I)635 DTD 14/2/2013 BY HON'BLE MINISTER
SHRI VEERAPPA MOILY TO HON. MINISTER
PROFESSOR K V THOMAS
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
