Kerala High Court
K.E. Rehmath vs Bharat Petroleum Corporation Ltd on 24 March, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:25196
RP NO. 139 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RP NO. 139 OF 2025
AGAINST THE ORDER/JUDGMENT IN WP(C) NO.34104 OF 2024 OF
HIGH COURT OF KERALA
REVIEW PETITIONER:
1 K.E. REHMATH
AGED 71 YEARS
W/O. LATE. K.M. ABDUL GAFOOR,
PARTNER OF M/S. MAHE AUTO FUELS ENTERPRISES,
BHARATH PETROLEUM DEALERS, POOZHITHALA,
MAHE, PONDICHERRY, PIN- 673574,
NOW RESIDING AT RAJINIVAS, PARIMADAM,
NEW MAHE P.O, KANNUR, KERALA
REPRESENTED BY POWER OF ATTORNEY HOLDER
K.E. NOUSHAD, AGED 53 YEARS,
S/O. KM. ABDUL GAFOOR,
RESIDING AT RAJINIVAS, PARIMADAM,
NEW MAHE P.O, KANNUR, KERALA, PIN - 673311
2 K.E. NOUSHAD
AGED 53 YEARS
AGED 53 YEARS, S/O. KM. ABDUL GAFOOR,
PARTNER OF M/S. MAHE AUTO FUELS ENTERPRISES,
BHARATH PETROLEUM DEALERS, POOZHITHALA,
MAHE, PONDICHERRY, PIN- 673 574,
NOW RESIDING AT RAJINIVAS, PARIMADAM,
NEW MAHE P.O, KANNUR, KERALA, PIN - 673311
BY ADVS.
J.VISHNU
T.J.SEEMA
BHAVANA VELAYUDHAN
2025:KER:25196
RP NO. 139 OF 2025
2
DEVAVRATHAN S.
ANU BALAKRISHNAN NAMBIAR
S.SANAL KUMAR (SR.)(K/582/1994)
RESPONDENTS:
1 BHARAT PETROLEUM CORPORATION LTD
SOUTHERN REGION, 1, RAGANATHAN GARDENS,
11TH MAIN ROAD, ANNANARAGR, CHENNAI,
TAMILNADU, REPRESENTED BY ITS HEAD (RETAIL) SOUTH,
SOUTHERN REGIONAL OFFICER,
CHENNAI, PIN - 600040
2 TERRITORY MANAGER (RETAIL)
CALICUT RETAIL TERRITORY,
BHARAT PETROLEUM CORPORATION LTD,
CALICUT, DOOR NO: 2845, YMCA X ROADS,
KOZHIKODE, KERALA, PIN - 673001
BY ADVS.
GOPIKRISHNAN NAMBIAR M.
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
AKHILA NAMBIAR(K/737/2021)
SR.ADV.E.K.NANDAKUMAR FOR BPCL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:25196
RP NO. 139 OF 2025
3
JUDGMENT
Learned Senior Advocate, S. Sanal Kumar appearing for the review petitioners submits that there is no merger of this Court's judgment with Annexure A8 judgment of the Division Bench, since Annexure A8 judgment permitting withdrawal of the Writ Appeal was rendered, based on the submission that the appellants intends to make a representation to the respondent Corporation seeking a lenient view.
2. Learned Senior Advocate, E.K. Nandakumar appearing for the Corporation submits that the representation seeking leniency was rejected by the Corporation and the petitioners had approached the Division Bench seeking review of Annexure A8 judgment. That review petition was disposed of with an observation that the rights and contentions of the parties and their judicial remedies are outside the scope of the earlier order.
3. It is informed that the review petitioners have challenged the order rejecting their representation in a fresh writ petition. Insofar as a fresh writ petition is filed assailing the order 2025:KER:25196 RP NO. 139 OF 2025 4 dated 04.02.2025, rejecting the representation seeking leniency, it will be inappropriate for this Court to entertain this review petition.
The Review Petition is hence closed, leaving it open for the petitioners to agitate their grievances in the pending writ petition.
Sd/-
V.G.ARUN JUDGE SPV 2025:KER:25196 RP NO. 139 OF 2025 5 APPENDIX OF RP 139/2025 PETITIONER'S ANNEXURES ANNEXURE A1 A TRUE COPY OF COMPLAINT SUBMITTED BY THE 2ND PETITIONER BEFORE THE CHAIRMAN, BPCL, DATED 04.10.2024 ANNEXURE A2 A TRUE COPY OF THE LETTER OF APPOINTMENT OF AD-HOC DEALER DATED 04.10.2024 ANNEXURE A3 A TRUE COPY OF THE NOTICE ISSUED BY THE COMMERCIAL TAX OFFICER (‘CTO' FOR SHORT), MAHE, ALLOWING INSTALMENT FACILITY TO THE PETITIONERS TO CLEAR TAX LIABILITY DATED 17.10.2024 ANNEXURE A4 A TRUE COPY OF THE DD NO.4792 DATED 17.10.2024 EVIDENCING PAYMENT OF 1ST INSTALMENT ANNEXURE A5 A TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND PETITIONER TO THE ASSISTANT TAX OFFICER COUNTER SIGNED BY THE SAID OFFICE AND DATED 15.11.2024 EVIDENCING PAYMENT OF 2ND INSTALMENT ANNEXURE A6 A TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND PETITIONER TO THE ASSISTANT TAX OFFICER COUNTER SIGNED BY THE SAID OFFICE AND DATED 16.12.2024 EVIDENCING PAYMENT OF 3RD INSTALMENT ALONG WITH DD ANNEXURE A7 A TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND PETITIONER TO THE ASSISTANT TAX OFFICER COUNTER SIGNED BY THE SAID OFFICE AND DATED 17.01.2025 EVIDENCING PAYMENT OF 4TH INSTALMENT ANNEXURE A8 A TRUE COPY OF THE JUDGMENT IN W.A.NO.1631/2024 DATED 28.10.2024 2025:KER:25196 RP NO. 139 OF 2025 6 ANNEXURE A9 A TRUE COPY OF THE REPRESENTATION DATED 04.11.2024 SUBMITTED BY THE PETITIONERS BEFORE THE BPCL AUTHORITIES ANNEXURE A10 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONERS TO THE BPCL AUTHORITIES DATED 05.11.2024 ANNEXURE A11 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONERS TO BCP AUTHORITIES DATED 15.11.2024 ANNEXURE A12 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONERS TO BCP AUTHORITIES DATED 16.11.2024 ANNEXURE A13 A TRUE COPY OF THE JUDGMENT IN R.P.NO.1233/2024 IN W.A.NO.1631/2024 DATED 03.12.2024 ANNEXURE A14 A TRUE COPY OF THE E-RECEIPT FOR ONLINE PAYMENT BY M/S. MAHE BEACH TRADING CO TO PUDUCHERRY COMMERCIAL TAXES DEPARTMENT FOR DECEMBER 2023, DATED 23.01.2024 ANNEXURE A15 A TRUE COPY OF THE E-RECEIPT FOR ONLINE PAYMENT BY M/S. MAHE BEACH TRADING CO TO PUDUCHERRY COMMERCIAL TAXES DEPARTMENT FOR JANUARY 2024, DATED 26.02.2024 ANNEXURE A16 A TRUE COPY OF THE DRAFT LEASE DEED BETWEEN THE 2ND PETITIONER AND THE BPCL RESPONDENT'S ANNEXURE: NIL //TRUE COPY// PA TO JUDGE