Kerala High Court
Applicants And Consumers' Forum vs The Union Of India on 3 November, 2022
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 3rd day of November 2022 / 12th Karthika, 1944
WP(C) NO. 21281 OF 2016(S)
PETITIONER:
APPLICANTS AND CONSUMERS' FORUM, KODUNGALLUR,
REG. NO. 526/96, LAKSHMI WATCH HOUSE, KODUNGALLUR P.O,
THRISSUR DISTRICT-680 664, REPRESENTED BY ITS SECRETARY
C.S. THILAKAN, S/O SUDHAKARAN, AGED 68, CHETTUPUZHA HOUSE,
PULLOOT P.O.-680 663, KODUNGALLUR TALUK, THRISSUR DISTRICT.
RESPONDENTS:
1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
PETROLEUM & NATURAL GAS, SHASTRI BHAVAN, NEW DELHI-110 001.
2. INDIAN OIL CORPORATION LTD., REPRESENTED BY ITS GENERAL MANAGER,
PANAMPILLY NAGAR, KOCHI-682 036.
3. THE CHIEF AREA MANAGER, INDIAN OIL CORPORATION LTD, KOZHIKODE AREA
OFFICE, II FLOOR, PMK TOWERS, CIVIL STATION P.O, WAYANAD ROAD,
KOZHIKODE-673 020.
4. REJITHA MENON, LICENSEE, SREE VINAYAKA INDANE SERVICES, NORTH NADA,
KODUNGALLUR-680 664, THRISSUR DISTRICT.
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 direct respondents 1 to 3 to implement Exhibit P1 and P1(a)
without any lapse pending disposal of the writ petition.
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
23/06/2016 and upon hearing the arguments of M/S DR.V.N.SANKARJEE,
C.K.LEKHAMMA, V.N.MADHUSUDANAN, MARY JOHN, S.SIDHARDHAN, M.SUSEELA,
R.UDAYA JYOTHI & M.M.VINOD, Advocates for the petitioner, SMT.MINI
GOPINATH, CENTRAL GOVERNMENT COUNSEL & DEPUTY SOLICITOR GENERAL OF INDIA
for R1, M/S. P.BENNY THOMAS, M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON
MANAVALAN, KURYAN THOMAS, Advocates for R2 & R3 and of M/S. R.JAIKRISHNA
& K.I.MAYANKUTTY MATHER, Advocates for R4, the court passed the
following:
P.T.O.
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
-----------------------------------------------
I.A. No.1 of 2022
and
W.P(C). No. 21281 of 2016 (S)
-----------------------------------------------
Dated this the 3rd day of November, 2022
ORDER
S. Manikumar, CJ.
On this day, when the matter came up for hearing, Mr. Pranoy Harilal, learned counsel for Indian Oil Corporation/respondents 2 and 3 submitted that charges are collected by the distributor namely, respondent No.4. Inter alia, to that effect, counter affidavit has been filed by respondents 2 and 3. Though respondent No.4 has entered appearance, no counter affidavit has been filed.
2. I.A. No.1 of 2022 is filed for early hearing of the writ petition. The matter is pending from 2016 onwards. Post the writ petition after two weeks. I.A. No.1 of 2022 is ordered.
3. In the meanwhile, respondent No.4 is directed to file counter affidavit.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
03-11-2022 /True Copy/ Assistant Registrar