S.Rejitha vs Union Of India
2024 Latest Caselaw 28659 Ker

Kerala High Court

S.Rejitha 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. 26790 OF 2021 (W)
PETITIONER:

     S.REJITHA, W/O. A REGHUNATHAN, AGED 53 YEARS, THAZHTHU VEETIL HOUSE,
     KALEESWARY LANE, SOUTH NADA, KODUNGALLUR, PIN 680 664

RESPONDENTS:

  1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM
     AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI 110 001
  2. INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS DIVISIONAL LPG
     HEAD, KOZHIKODE AREA OFFICE, IIND FLOOR, P.M.K TOWERS, WAYANAD ROAD,
     CIVIL STATION P.O, KOZHIKODE KERALA PIN 673 020
  3. THE DIVISION LPG HEAD, INDIAN OIL CORPORATION LIMITED, KOZHIKODE
     AREA OFFICE, IIND FLOOR, P.M.K TOWERS, WAYANAD ROAD, CIVIL STATION
     P.O, KOZHIKODE, KERALA PIN 673 020
  4. THE CHIEF AREA MANAGER, INDIAN OIL CORPORATION LIMITED, KOZHIKODE
     AREA OFFICE, IIND FLOOR, P.M.K TOWERS, WAYANAD ROAD, CIVIL S TATION
     P.O, KOZHIKODE, KERALA PIN 673 020


     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 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
28.03.2022 and upon hearing the arguments of M/S.ADARSH KUMAR, K.M.ANEESH,
K.SANTHOSH KUMAR , BIJU ABRAHAM, DILEEP CHANDRAN & SHASHANK DEVAN,
Advocates for the petitioner, DEPUTY SOLICITOR GENERAL for R1 and
SRI.NANDAKUMAR(SENIOR ADVOCATE) along with M/S M.GOPIKRISHNAN NAMBIAR,
K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA
KANNAN, STANDING COUNSEL for R2 to R4, 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

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26-09-2024 /True Copy/ Assistant Registrar