Chitra A.P vs Hindustan Petroleum Corporation Ltd
2024 Latest Caselaw 30925 Ker

Kerala High Court

Chitra A.P vs Hindustan Petroleum Corporation Ltd on 23 October, 2024

WP(C) No.36864/2024                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
              Wednesday, the 23rd day of October 2024 / 1st Karthika, 1946
                              WP(C) NO. 36864 OF 2024 (G)

   PETITIONER:


          CHITRA A.P., AGED 44 YEARS, PARAPPINIYIL HOUSE, P.O. THUVVUR, (VIA)
          MANJERI, MALAPPURAM, PIN - 679 327.


   RESPONDENTS:


      1. HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN &
         MANAGING DIRECTOR, 17- JAMSHEDJI TATA ROAD, MUMBAI, PIN - 400 020.
      2. THE CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD.,
         KOCHI LPG REGIONAL OFFICE, SEAPORT - AIRPORT ROAD, P.O. IRUMBANAM,
         ERNAKULAM, PIN - 682 309.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to appoint the petitioner as LPG
   Distributor in Melattur, Malappuram (Sl. No. 54 in Ext P1) provisionally,
   pending disposal of the above Writ Petition(civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.ANIL SIVARAMAN & RAJI VINCENT, Advocates for the petitioner and of
   SMT.RAMOLA NAYANPALLY, Advocate for the respondents, the court passed the
   following:
 WP(C) No.36864/2024                             2/3




                             HARISANKAR V. MENON, J.
                            ===================
                                W.P.(C) No.36864 of 2024
                           ---------------------------------
                       Dated this the 23rd day of October, 2024

                                           ORDER

Sri.Anil Sivaraman, learned Counsel for the petitioner, points

out with reference to the concluding portion of Ext.P5 judgment that

while passing orders pursuant to the said judgment, the respondent

Petroleum Corporation has issued Ext.P8, which in effect is making

the directions issued by this Court in Ext.P5, unworkable.

Smt.Ramola Nayanpally, learned Counsel for the respondent

Petroleum Corporation, on the other hand, points out that even on

the face of the directions in Ext.P5 judgment, the respondent can

only go by the Clauses in Ext.P2 and the property ought to have

been available with the petitioner as on the date of submission of

the original application.

Admit.

Smt.Ramola to file a statement/counter affidavit in two weeks

time.

Post for hearing on 15.11.2024.

sd/-

HARISANKAR V. MENON JUDGE Scl/

23-10-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 36864/2024 Exhibit P1 TRUE COPY OF THE NOTIFICATION AS CARRIED IN THE MALAYALA MANORAMA DAILY DATED 25/09/2013 Exhibit P2 TRUE EXTRACT OF THE RELEVANT PAGES OF THE BROCHURE ON GUIDELINES FOR SELECTION OF REGULAR LPG DISTRIBUTORS Exhibit P5 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 13/06/2024 IN WP(C) 16150/2014 Exhibit P8 TRUE COPY OF THE LETTER NO.KLRO/AR/LPG DATED 3.10.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

23-10-2024 /True Copy/ Assistant Registrar