E.S.Beena vs. Hindustan Petroleum Corporation LTD.

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WP(C)/32273/2019HC KeralaGSTCNR KLHC01084319201925 February 2020Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUE AY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.32273 OF 2019(H) PETITIONER: E.S.BEENA, AGED 54 YEARS ADVOCATE, W/O LATE R.G. JAYAPRASAD, FLAT NO. 10 A 1/, A.B.M. TOWERS, KADAVANTHRA - 682 020. BY ADVS. SRI.V.B.UNNIRAJ SMT.R.S.GEETHA SMT.K.SEEMA SMT.P.ANITHA RESPONDENTS: 1 HINDUSTAN PETROLEUM CORPORATION LTD., PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, MUMBAI - 400020, REPRESENTED BY ITS MANAGING DIRECTOR. 2 HINDUSTAN PETROLEUM CORPORATION LTD., REGIONAL OFFICE, TATAPURAM SUKUMARAN ROAD, TATAPURAM, ERNAKULAM, 682 018, REPRESENTED BY ITS REGIONAL MANAGER. 3 THE REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD., REGIONAL OFFICE, TATAPURAM SUKUMARAN ROAD, TATAPURAM, ERNAKULAM, 682 018. 4 BIJU MATHEW, S/O MATHEW, MUNDAKKAL VEEDU, KUMILI VILLAGE, PEERUMEDU TALUK, IDUKKI -685 509. R1-3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R1-3 BY ADV. SRI.K.JOHN MATHAI R1-3 BY ADV. SRI.JOSON MANAVALAN R1-3 BY ADV. SRI.KURYAN THOMAS R1-3 BY ADV. SRI.PAULOSE C. ABRAHAM R4 BY ADV. SRI.LAL K.JOSEPH R4 BY ADV. SRI.A.A.ZIYAD RAHMAN R4 BY ADV. SRI.P.MURALEEDHARAN (THURAVOOR)

WP(C).No.32273 OF 2019(H) 2 R4 BY ADV. SRI.V.S.SHIRAZ BAVA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.32273 OF 2019(H) 3 JUDGMENT Dated this the 25th day of February 2020 It is submitted by the learned counsel for the petitioner that the writ petition may be closed without prejudice to the right of the petitioner to approach the Authorities for a consideration of her claims. Accordingly, this writ petition is closed, leaving liberty to the petitioner to approach the appropriate Authority in accordance with law. ANU SIVARAMAN JUDGE SVP

WP(C).No.32273 OF 2019(H) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN THE 1ST RESPONDENT AND LATE JAYAPRASAD DATED 31-05-2017. EXHIBIT P2OF THE ENDOSCOPY REPORT ISSUED BY DR. SUNIL MATHEW DATED 17-11- 2018. EXHIBIT P3OF THE AGREEMENT DATED 29-09- 2018 ENTERED INTO BETWEEN 4TH RESPONDENT AND LATE JAYAPRASAD. EXHIBIT P4OF DISCHARGE SUMMARY DATED 17-12-2018 ISSUED FROM THE LOURDES HOSPITAL. EXHIBIT P5OF THE DEATH CERTIFICATE DATED 07-06-2019 ISSUED BY THE CORPORATION OF COCHIN. EXHIBIT P6OF THE SAID LAWYER NOTICE DATED 18-10-2019 ISSUED TO THE 3RD RESPONDENT. EXHIBIT P7 THEOF ACKNOWLEDGEMENT CARD DATED 24-10-2019. RESPONDENT'S/S EXHIBITS: ANNEXURE R1(A)OF THE APPLICATION FOR RECONSTITUTION ANNEXURE R1(B)OF THE LETTER DATED 01.10.2018 ISSUED BY RG JAYAPRASAD TO CHIEF REGIONAL MANAGER, HPCL, REQUESTING FOR RECONSTITUTION ANNEXURE R1(C)OF THE LETTER FROM BIJU MATHEW DATED 01.10.2018 COMMUNICATING WILLINGNESS ANNEXURE R1(D)OF THE STANDARD X EQUIVALENCY CERTIFICATE OF BIJU MATHEW OF SEPTEMBER,2013

WP(C).No.32273 OF 2019(H) 5 ANNEXURE R1(E)OF THE LETTER FROM CANARA BANK DATED 23.10.2018 ANNEXURE R1(F)OF THE LETTER FROM RG JAYAPRASAD DATED 29.10.2018 ANNEXURE R1(G)OF THE GST REGISTRATION CERTIFICATE DATED 18.04.2018 ANNEXURE R1(H)OF THE LETTER FROM CHIEF REGIONAL MANAGER TO M/S LEELAGOPIDAS DATED 19.11.2018 ANNEXURE R1(I)OF THE ATTENDANCE SHEET FOR RECONSTITUTION INTERVIEW DAYED 20.11.2018 ANNEXURE R1(J)OF THE LETTER FROM CHIEF REGIONAL MANAGER TO M/S LEELAGOPIDAS DATED 20.11.2018 ANNEXURE R1(K)OF THE DEALERSHIP AGREEMENT DATED 22.11.2019 EXECUTED BETWEEN HPCL AND BIJU MATHEW

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.