Vinod.M vs Union Of India
2024 Latest Caselaw 28656 Ker

Kerala High Court

Vinod.M vs Union Of India on 26 September, 2024

WP(C) No.12028/2021                        1/3

                         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. 12028 OF 2021(C)
    PETITIONER:
          1. VINOD.M. AGED 46 YEARS PROPRIETOR, SUDARSANAM INDANE SERVICES,
             XI/249(2), PUTHURKKARA ROAD, PULLAZHY P.O., THRISSUR, KERALA,
             PIN-680 012.

    RESPONDENTS:
          1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF
             PETROLEUM AND NATURAL GAS, SHASTRI BAHVAN, NEW DELHI-110 001.
                                                                 AND
             OTHERS.




         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 Exhibits P2
    penalty communication/order, pending disposal of the above WP(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
    order dated 08-09-2021 and upon hearing the arguments of M/S.ADARSH
    KUMAR, K.M.ANEESH, SHASHANK DEVAN & BIJU VARGHESE ABRAHAM, Advocates
    for the petitioners, M.N.MANMADAN, CENTRAL GOVERNMENT COUNSEL for R1
    and of M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN
    THOMAS, PAULOSE C. ABRAHAM and RAJA KANNAN, STANDING COUNSELS for R2 to
    R4, the court passed the following:
 WP(C) No.12028/2021                                    2/3




                                    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

APPENDIX OF WP(C) 12028/2021 Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 24.05.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

26-09-2024 /True Copy/ Assistant Registrar