Kerala High Court
Ajith E vs Union Of India on 26 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Thursday, the 26th day of September 2024 / 4th Aswina, 1946
WP(C) NO. 9360 OF 2020(T)
PETITIONERS:
1. AJITH E, M/S. A AND D INDANE SERVICES, THUMBENI, SREEKANDAPURAM P
O, KANNUR-670631.
2. SRIKANTH K, PROPRIETOR, KADIRUR INDANE SERVICES, VETTUMMAL, KADIRUR,
KANNUR-670642.
3. KANNEEN K,PROPRIETOR, GEMINI GAS AND APPLIANCES, 13/6, RAILWAY
STATION ROAD, THALASSERY, KANNUR-670104.
4. JAYAKRISHNAN M , PROPRIETOR, HIGH STAR INDANE SERVICES, P O VARAM,
KANNUR, KERALA-670594.
5. SEELI P P ,PROPRIETOR, HAPPY INDANE SERVICES, DOOR NO. CP III/422A,
KANHIRODE, KANNUR-670592.
6. MUHAMMED NOUFAL C K, PROPRIETOR, VALLOLA INDANE, MP XII-571A,
MAYYIL, KANNUR-670602.
7. COL C J ANTONY (RETD) , PROPRIETOR, M/S. COLONEL'S INDANE SERVICES,
DOOR NO.31/1, WARD NO.4, MATTANNUR, KANNUR-670702.
8. K.K. DINESH , PROPRIETOR, SREE MUTHAPPAN GAS, VP XII/211C/211D,
PATHRIYAD, KANNUR-670741.
9. T.P. RAMACHANDRAN, PROPRIETOR, M/S. PADMALAYA INDANE SERVICES, CHALA
P.O, THOTTADA, KANNUR-670007.
10. SAJUNATH K.S, PROPRIETOR, M/S. KELAKAM INDANE, KP XII-380-381,
KELAKAM, KANNUR-670674.
11. SAAJAN ALINKEEL , PROPRIETOR, M/S. ALINKEEL GAS AGENCIES, MANGAD P
O, KALLIASSERY, KANNUR-670562.
12. SUJATHA V K , PROPRIETOR, M/S. MAHE GAS AGENCIES, VIA/142A, OPPOSITE
GOVERNMENT L.P. SCHOOL, MAHE, PONDICHERRY-673311.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM
AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI-110001
2. INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, REPRESENTED BY
CHIEF AREA MANAGER, INDANE AREA OFFICE, IIND FLOOR, P.M.K. TOWERS,
WAYANAD ROAD, CIVIL STATION P O, KOZHIKODE-673020.
3. THE CHIEF AREA MANAGER, INDANE AREA OFFICE, INDIAN OIL CORPORATION
LTD, IIND FLOOR, P.M.K. TOWERS, WAYANAD ROAD, CIVIL STATION P O,
KOZHIKODE-673020.
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 stay the effect and operation of Exhibit P2 to Exhibit P2(J)
and Exhibit P3 penalty communications/orders, pending disposal of the
above W.P.(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's orders dated
23.03.2020 & 08.9.2021 and upon hearing the arguments of M/S SHASHANK
DEVAN & SRI.ADARSH KUMAR Advocates for the petitioners, DEPUTY SOLICITOR
GENERAL OF INDIA (in charge) FOR R1 (B/O), M/S SRI.M.GOPIKRISHNAN NAMBIAR,
SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C.
ABRAHAM & SRI.RAJA KANNAN, Advocates for R2 to R3 and of SRI.NANDAKUMAR,
Senior Counsel (By Order), the court passed the following:
HARISANKAR V. MENON, J.
....................................................................
W.P.(C)Nos.9331 of 2020, 9360 of 2020,
9383 of 2020, 2552 of 2021, 8548 of 2021,
11912 of 2021, 12028 of 2021, 26790 of 2021,
2776 of 2022, 30986 of 2023, 22290 of 2024
and 22392 of 2024
..............................................................
Dated this the 26th day of September, 2024
ORDER
It is pointed out by the learned Senior Counsel -
Sri.Nandakumar that the very same issue has been decided
in favour of the Petroleum Companies by a Division Bench of
the Delhi High Court. He further points out that this Court
had granted stay in these cases following the judgment of the
learned Single Judge of the Delhi High Court, which has been
reversed by the Division Bench now. He further points out
that as against the judgment of the learned Division Bench,
the dealers have taken up the matter in appeal before the
Supreme Court and no stay is granted. In such
circumstances, he prays this Court to vacate the interim
orders granted in these cases.
The counsel for the petitioner seeks time.
Post on 07.10.2024.
Sd/-
HARISANKAR V. MENON
JUDGE
rp
26-09-2024 /True Copy/ Assistant Registrar
