Vinod Mathew Wilson vs. Union Of INDIA - Kerala High Court, 25 June 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 25TH DAY OF JUNE 2021 / 4TH ASHADHA, 1943 WP(C) NO. 11663 OF 2021 PETITIONERS: 1 VINOD MATHEW WILSON AGED 36 YEARS S/O.V.G.WILSON, VAZHAYIL, NEDIYARA, ANCHAL, KOLLAM-691 130. 2 LAW AID, REG.NO.424/1985 UNDER TRAVANCORE COCHIN CHARITABLE AND ENDOWMENT SOCIETIES ACT, OFFICE OF LAW LINK, GANGA COMPLEX, EAST OF CIVIL STATION, KOLLAM-691 013, REPRESENTED BY ITS JOINT SECRETARY, VINOD MATHEW WILSON, AGED 36 YEARS, S/O.V.G.WILSON VAZHAYIL, NEDIYARA, ANCHAL, KOLLAM-691 306. BY ADVS. R.SIVADASAN N.SASANKAN PILLAI RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, FINANCE MINISTRY, NEW MOTI BHAG, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001. 2 THE SECRETARY, MINISTRY OF PETROLEUM, SHASTRI BHAVAN, NEW DELHI-110 001. 3 GST COUNCIL, REPRESENTED BY ITS SECRETARY, 5TH FLOOR, TOWER II, JEEVAN BHARATHY BUILDING, JANPATH ROAD, CONNAUGHT PLACE, NEW DELHI-110 001. 4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FINANCE MINISTRY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5 INDIAN OIL CORPORATION LTD., INDANE AREA OFFICE, PANAMPALLI AVENUE, PANAMPALLI NAGAR, KOCHI-682 036, REPRESENTED BY ITS AREA MANAGER.

W.P.(C) No.11663/2021 2 6 BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY, POST BAG NO.2, AMBALAMUGAL, ERNAKULAM-682 302, REPRESENTED BY ITS TERRITORY MANAGER. 7 HINDUSTAN PETROLEUM CORPORATION LTD., REG. OFFICE, PB NO.242, KARSHAKA ROAD, KADAVANTHRA, KOCHI-682 016, REPRESENTED BY ITS REGIONAL MANAGER. BY ADVS. SHRI.P.R.SREEJITH, STANDING COUNSEL FOR R3 SRI.P.VIJAYAKUMAR, ASG FOR R1 & R2 SRI.TEK CHAND, SENIOR GOVERNMENT PLEADER FOR R4 SRI.GOPIKRISHNAN NAMBIAR FOR R5 & R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.11663/2021 3 JUDGMENT S.MANIKUMAR,C

J Instant writ petition is filed for the following reliefs: a) To issue a writ of mandamus or a writ, order or direction in the nature of mandamus directing the 3rd respondent to convene its meeting at the earliest for giving an opportunity to the 1st respondent to put into effect their open stand in bringing petroleum products under GST and to give the statutory recommendation to the 1st respondent to implement the same on the date so fixed. b) To issue a writ of mandamus or a writ, order or direction in the nature of mandamus directing the 1st respondent to include the petroleum products in GST with immediate effect. c) To issue a writ of prohibition restraining respondents 5 to 7 from exercising any right to fix or enhance the price of petroleum products.

Though several reliefs have been sought for, Mr.R.Sivadasan, learned counsel for petitioner, fairly submitted that no representation has been made to any of the respondents. Learned counsel for the petitioner submitted that the petitioner would send a representation today. Earlier in W.P.(C) No.12481/2021 dated 21.6.2021, we directed the Goods and Services Tax Council represented by the Special Secretary, Office of the GST Council Secretariat, New Delhi, to forward a representation to the Central Government forthwith for appropriate decision.

W.P.(C) No.11663/2021 4 Following the same, if any such representation is made by the petitioner, to the Government, such representation be considered, as ordered in W.P.(C) No.12481/2021 dated 21.6.2021. The writ petition is disposed of accordingly. S.MANIKUMAR CHIEF JUSTICE SHAJI P.CHALY smv JUDGE

W.P.(C) No.11663/2021 5 APPENDIX APPENDIX OF WP(C) 11663/2021 PETITIONERS' EXHIBITS Exhibit P1OF REGISTRATION CERTIFICATE OF LAW AID, THE 2ND PEITTIONER DATED 20.05.1985 ALONG WITH ENGLISH TRANSLATION. Exhibit P2OF NEWS ITEM APPEARED IN THE SUNDAY INDIAN EXPRESS DATED 21.02.2021. Exhibit P3OF THE NEWS ITEM APPEARED IN THE NEW INDIAN EXPRESS DATED 16.03.2021. Exhibit P4OF NEWS ITEM APPEARED IN HINDU NEWS PAPER DATED 24.03.2021.