Lissy Davis vs Union Of India
2024 Latest Caselaw 28664 Ker

Kerala High Court

Lissy Davis vs Union Of India on 26 September, 2024

WP(C) No.22290/2024                        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. 22290 OF 2024 (I)

   PETITIONER:


          LISSY DAVIS, AGED 68 YEARS, W/O. LATE P V DAVIS, POKKATH HOUSE,
          KODUNGALOOR ROAD, IRINJALAKUDA PO, THRISSUR, PIN - 680 121.


   RESPONDENTS:


      1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM
         AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI, PIN - 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 DIVISIONAL 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.


        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 and Exhibit P3
   communications, pending disposal of the above WP (C).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.ADARSH KUMAR, K.M.ANEESH, SHASHANK DEVAN, Advocates for the
   petitioner, the court passed the following:
 WP(C) No.22290/2024                                    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) 22290/2024 Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 29-05-2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25-03-2024;

ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

26-09-2024 /True Copy/ Assistant Registrar