Surabhi.P.S vs. District Collector Thrissur - Kerala High Court, 23 September 2020

WP(C).No.18076 OF 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNE AY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942 WP(C).No.18076 OF 2020(H) PETITIONER: SURABHI.P.S, AGED 32 YEARS, W/O.DILEEP.A.,DIVYALAYM HOUSE, PATHAYAKUNNU P.O., PATTIAM, KOTTIYODI, KANNUYR DIST. PIN-670 691, MANAGING PARTNER, M/S.SREVALSAM INDANE SERVICES KADACHIRA P.O., KANNUR DISTRICT,PIN-670 621. BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.T.B.SIVAPRASAD SRI.C.A.ANUPAMAN SRI.C.Y.VIJAY KUMAR SMT.MANJU E.R. RESPONDENTS: 1 DISTRICT COLLECTOR THRISSUR, AYYANTHOLE, THRISSUR, PIN-680 003. 2 INDIAN OIL CORPORATION LTD, CHELARI,THENHIPALLAM P.O., MALAPPURAM DISTRICT, PIN-673 636, REPRESENTED BY ITS MANAGER BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER SRI.GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.18076 OF 2020 2 JUDGMENT Dated this the 23rd day of September 2020 Petitioner claims to be an LPG distributor of Indian Oil Corporation, running the business in accordance with the statutory license and permission. Her complaint is that the squad under the 1st respondent is intercepting her vehicles engaged in the distribution of commercial gas cylinders. According to the petitioner commercial gas cylinders can be sold or distributed in any district. According her it is on the basis of the complaint from local distributors that her vehicles are seized.

Raising her claim on the basis of the permission granted by the Indian Oil Corporation she has submitted Ext.P6 representation, requesting the 1st respondent to take appropriate action to enable her to carry out her business. Accordingly, the Writ Petition is disposed of, directing the 1st respondent to consider and pass orders on Ext.P6 representation after affording an opportunity of hearing to the petitioner. It is made clear that hearing can be held through electronic mode. Order shall be passed within a period of six weeks from the date of receipt of a copy of the judgment. The Writ Petition is disposed of accordingly. P.V.ASHA rkc JUDGE

WP(C).No.18076 OF 2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE AGREEMENT DATED 04.04.2016 EXECUTED BY AND BETWEEN THE PETITIONER AND 2ND RESPONDENT. EXHIBIT P2OF THE LICENCE DATED 29.11.2019 ISSUED BY THE KADAMBUR GRAMA PANCHAYAT TO THE PETITIONER. EXHIBIT P3OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER BEARING NO. 32ADBFS0408AIZ0. EXHIBIT P4OF THE CERTIFICATE BEARING NO. REF: LPG/GEN/202 DATED 30.5.2020 ISSUED BY IOC LTD KOZHIKODE TO THE PETITIONER ISSUED BY INDIAN OIL CORPORATION. EXHIBIT P5OF THE EMAIL LETTER DATED 15.07.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6OF THE REPRESENTATION DATED 17.08.2020 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P6(A)OF THE POSTAL RECEIPT DATED 19.08.2020 ISSUED BY KUTHUPARAMBA POST OFFICE TO THE PETITIONER FOR HAVING DISPATCHED EXHIBIT P6.