Judgment
WP(C) NO. 11375 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945 WP(C) NO. 11375 OF 2023 PETITIONER:
ROSY JACOB, AGED 57 YEARS W/O JACOB K.JACOB, MANAGING PARTNER, MANNARKAD FILLING STATION (CC NO.116160), MANNARKAD, RESIDING AT KARIPAPARAMBIL, PAYYANADAM P.O, MANNARKAD, PALAKAD, PIN - 678582 BY ADVS.
P.V.JAYACHANDRAN VENUGOPALAN MENON RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, THE MINISTRY OF PETROLEUM & NATURAL GAS, SASTRI BHAVAN NEW DELHI, PIN - 110001 2 BHARATH PETROLEUM CORPORATION LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, 1ST FLOOR, PETRONET CCK LTD, IRIMPANAM, ERNAKULUM, PIN - 682030 3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLIUM & EXPLOSIVE SAFETY ORGANISATION (PESO), KENDRIYA BHAVAN, BLOCK C2, 2 ND FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULUM, PIN - 682037 4 THE SALES TAX OFFICER (TPU), OFFICE OF THE SALE TAX OFFICER OF SALE TAX, STATE GOODS & SERVICES TAX DEPARTMENT, MANNARKAD, PALAKAD, PIN - 678582 5 THE SECRETARY, MANNARKAD MUNICIPALITY, MANNARKAD, PALAKAD, PIN - 678582
WP(C) NO. 11375 OF 2023 2 6 V.P.MUHAMMED AYOOB, S/O MOHAMMED HAJI, EDAVANNA AMSOM, ERANJIKODE, MALAPPURAM, PIN - 676511 BY ADVS.
H.SUBHALEKSHMI Aneesh James JIJO THOMAS(K/161/1997) M.D.BEENA(K/1732/1995) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11375 OF 2023 3 JUDGMENT The learned counsel appearing for the petitioner submits that in view of the subsequent order that has been issued, the writ petition has become infructuous. The said submission is recorded. The writ petition is dismissed as infructuous.
Sd/- C.S.DIAS,JUDGE ma/15.6.2023
WP(C) NO. 11375 OF 2023 4 APPENDIX OF WP(C) 11375/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PARTNERSHIP DEED DATED 17.5.2001 Exhibit P2 TRUE COPY OF THE PLAINT IN O.S.NO.180/2003 DATED 1.12.2003 OF SUBORDINATE JUDGE OTTAPPLAM Exhibit P3 TRUE COPY OF WRITTEN STATEMENT IN O.S.NO.180/2003 OF SUBORDINATE JUDGE OTTAPALAM FILED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF FORTIETH REPORT OF COMMITTEE ON PETITIONS OF FOURTEENTH LOK SABHA DATED 18.3.2008 Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 30.6.2008 FILED BY THE 2ND RESPONDENT IN WRIT PETITION © NO.12710 OF 2008 BEFORE THIS HON'BLE COURT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 16.10.2008 IN WRIT APPEAL NO.1958/2008 Exhibit P7 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.32AADFM863INIZ2, FOR MANNARKAD FILLING STATION ISSUED BY THE 3RD RESPONDENT DATED NIL.
Exhibit P8 TRUE COPY OF THE COMMUNICATION NO.P/SC/KL/14/493 (P34937) DATED 16.12.2022 Exhibit P9 TRUE COPY OF THE AGREEMENT DATED 19.12.2022 RENEWING THE DISPENSING PUMP SELLING LICENSE (DPSL) NO.P/SC/KL/14/493 IN FAVOUR OF M/S MANARGHAT FILLING STATION(CC NO.116160) BY THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE COMMUNICATION NO.P/SC/KL/14/493(P34937) DATED 1.3.2023
WP(C) NO. 11375 OF 2023 5 Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 21.3.2023 IN WPC NO.8322/2023 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P12 TRUE COPY OF THE NOTICE NO.32AADFM8631NIZ2/2022-2023 DATED 9.3.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P13 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 15.2.2023 OF CURRENT YEAR ISSUED BY THE 5TH RESPONDENT Exhibit P14 TRUE COPY OF THE COMMUNICATION NO.T.CLT.
MANNARGHAT DATED 20.3.2023 ISSUED BY THE 2ND RESPONDENT TO 4TH RESPONDENT Exhibit P15 TRUE COPY OF A LETTER DATED 23.3.2023 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P16 TRUE COPY OF THE SHOW CAUSE NOTICE NO.ZA3203230663024 DATED 25.3.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P17 TRUE COPY OF THE ONLINE DISPLAY DATA OF 27.3.2023 REGARDING THE STATUS OF THE PETITIONER'S GST SUSPENSION