Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944 WP(C) NO. 20080 OF 2022 PETITIONER:
GIRISH KUMAR T.V.
AGED 38 YEARS S/O VELAYUDHAN, THEKKETHIL HOUSE, KATTUVATTUR, DESAMANGALAM, M/S SAHIL INDANE GRAMIN VITRAK, HAJI SONS BUILDING, DESAMANGALAM, THRISSUR-679532.
BY ADVS.
PRAVEEN K. JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH DEEPU RAJAGOPAL SANDRA S.KUMAR RESPONDENTS:
1 UNION OF INDIA REP. BY SECRETARY, MINISTRY OF PETROLEUM & NATURAL GAS, NEW DELHI- 110 001 2 THE DIRECTOR, INDIAN OIL CORPORATION, MARKETING DIVISION, INDIAN OIL BHAVAN, PLOT-C-33, GBLOK, BANDRA (EAST) BANDRA KURLA COMPLEX, MUMBAI 3 THE CHIEF GENERAL MANAGER, INDIAN OIL CORPORATION, KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O, ERNAKULAM, KOCHI- 682 036 4 THE ASSISTANT MANAGER (FINANCE) INDIAN OIL CORPORATION, 2ND FLOOR, P.M.K TOWERS, CIVIL STATION P.O, WAYANAD ROAD, KOZHIKODE- 673 020 5 CHIEF AREA MANGAER INDIAN OIL CORPORATION LTD, KOZHIKODE AREA OFFICE, 2ND FLOOR, PMK TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIODE-673 020 BY ADVS.
M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL-R2 & R5
W.P.(C) No.20080 of 2022 2 K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN SHRI.M.N.MANMADAN, CGC R1 - SRI.M.N.MANMADAN,CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.20080 of 2022 3 JUDGMENT Dated this the 13th day of March, 2023 The case of the petitioner is that the petitioner along with his wife is running a gas distribution agency under the name “M/s.
Sahil Indane Gramin Vitrak”. According to the petitioner, petitioner is applied for a distributorship under the “RGGLV” scheme with the Indian Oil Corporation – the respondent for doing business at Desamangalam and necessary documents were executed in favour of the 1st respondent company. In the meantime, petitioner's wife got selection in the Kerala Police Department.
2.
According to the petitioner, since petitioner's wife became unable to be active in the business, she submitted a request before the 4th respondent to change the proprietorship to the name of the petitioner. It is also submitted that all necessary documents including ID proof, PAN card, Education certificates, GST registration etc. were submitted for change of proprietorship.
While so, the distributorship of the dealership was suspended by the 1st respondent company, assigning the reason that the proprietor of the firm has secured a Government employment. To Ext.P8 notice petitioner has submitted Ext.P9 objection and hearing
W.P.(C) No.20080 of 2022 4 was conducted by the respondents which is produced as Ext.P11 along with I.A. No.1 of 2023, as early as on 14.09.2022. Detailed counter affidavit is filed by the 1st respondent. I am of the view that, since the subject matter is under consideration of the statutory authority, it is for the said authority to take a decision taking into account the merits of the matter.
In that view of the matter, after hearing learned counsel for the petitioner, Sri.Praveen K.Joy and learned Standing Counsel for the respondents, Sri.M.Gopi Krishnan Nambiar, the writ petition is disposed of directing the Chief General Manger, Indian Oil Corporation, Ernakulam - the 3rd respondent to finalise Ext.P9 objection submitted by the petitioner at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment.
Sd/- SHAJI P. CHALY
JUDGE AP
W.P.(C) No.20080 of 2022 5 APPENDIX OF WP(C) 20080/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE MEMORANDUM OF AGREEMENT ISSUED BY THE 5TH RESPONDENT DATED 17.11.2014.
Exhibit P2 TRUE PHOTOCOPY OF THE APPOINTMENT LETTER ISSUED BY THE 4TH RESPONDENT DATED 17.11.2014 Exhibit P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT INTIMATING RECLASSIFICATION OF THE LPG DISTRIBUTORSHIP AS "GRAMIN VITRAK" DATED 25.08.2016 IRINJALAKKUDA MUNICIPALITY DATED 28.05.2021 Exhibit P4 TRUE PHOTOCOPY OF THE AMENDATORY LETTER TO THE DISTRIBUTORSHIP AGREEMENT DATED 09.03.2017 Exhibit P5 TRUE PHOTOCOPY OF THE REQUEST SUBMITTED BEFORE THE 4TH RESPONDENT DATED 16.08.2021.
Exhibit P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE SECRETARY, DESAMANGALAM GRAMA PANCHAYATH DATED 04.01.2022 Exhibit P7 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, DESAMANGALAM Exhibit P8 TRUE PHOTOCOPY OF THE ORDER OF SUSPENSION OF DISTRIBUTION ISSUED BY THE 3RD RESPONDENT DATED 26.04.2022 Exhibit P9 TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.05.2022 Exhibit P10 TRUE PHOTOCOPY OF THE EXTENSION OF SUSPENSION ORDER DATED 31.05.2022 Exhibit P11 TRUE COPY OF THE MINUTES OF MEETING DATED 14.09.2022 Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 20.02.2023 SUBMITTED BEFORE THE 5TH RESPONDENT RESPONDENTS' EXHIBITS Exhibit R2(a) TRUE COPY OF THE LETTER DATED 20/11/2021 RECEIVED FROM THE DY.SUPERINTENDENT OF POLICE, THRISSUR.
W.P.(C) No.20080 of 2022 6 Exhibit R2(b) TRUE COPY OF THE POWER OF ATTORNEY DATED 10/09/2014.
Exhibit R2(c) TRUE COPY OF THE 1ST PAGE OF THE PASS BOOK ISSUED ON 11/07/2017 OF M/S.SAHIL INDANE LPG SERVICE IN PUNJAB NATIONAL BANK.