Petitioner challenged refusal to renew LPG license and sought injunction against Respondent No. 6 operating. Court dismissed petition after recording Respondents 1-3's submission that no statutory provision exists for transferring the expired license. Liberty granted to pursue remedies elsewhere.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938
WP(C).No. 38826 of 2015 (C)
PETITIONER(S):
AUTO GAS ENERGY INDIA LIMITED, REP. BY ITS MANAGING DIRECTOR, BIJU VARGHESE, S/O. LATE VARGHESE, 39/4141, M.G.ROAD, RAVIPURAM, KOCHI - 682 016. BY ADVS.SRI.C.J.JOY SMT.VALSAMMA KURIAN JOSE SRI.K.RAJASEKHARAN
RESPONDENT(S):
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, NEW DELHI - 110 001.
2. THE CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION, 'A'BLOCK, 5TH FLOOR, CGO COMPLEX, SEMINARY HILLS, NAGPUR - 400 006.
3. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION, C2, 4TH FLOOR, KENDRIYA BHAVAN, CEEZ, KAKKANAD POST, KOCHI - 682 037.
4. THE DISTRICT COLLECTOR, MALAPPURAM DISRICT, COLLECTORATE, MALAPPURAM DISTRICT - 676 121.
5. THE ADDITIONAL DISTRICT MAGISTRATE MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM DISTRICT - 676 121.
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WP(C).No. 38826 of 2015 (C)
6. M/S. DAS GAS ENERGY, KUNNAMKULAM - EDAPPAL ROAD, CHANGARAMKULAM POST, MALAPPURAM DISTRICT - 676 121, REPRESENTED BY ITS PROPRIETOR, MR.JAGANNIVASAN K.T.
7. M/S. S.H.V ENERGY PVT. LTD., SUPER GAS HOUSE, IVTH FLOOR, SDE SERENE CHAMBERS, 8-2-334, ROAD NO.7, BANJARA HILLS, HYDERABAD - 500 034.
R1-R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R4 & R5 BY SENIOR GOVERNMENT PLEADER SRI.SAIGI JACOB PALATTY R6 BY ADV. SRI.M.K.DILEEP KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 38826 of 2015 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
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WP(C).No. 38826 of 2015 (C)
RESPONDENT(S)' EXHIBITS
//TRUE COPY//
P.S.TO JUDGE
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ALEXANDER THOMAS, J.
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W.P.(C).No. 38826 of 2015
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Dated this the 24th day of October, 2016 J U D G M E N T
Heard Sri.C.J.Joy, learned counsel appearing for the writ petitioner, Sri.N.Nagaresh, learned Assistant Solicitor General appearing for official respondents 1 to 3, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents 4 & 5 and Sri.M.K.Dileepkumar, learned counsel appearing for contesting respondent No.6. In the view that this Court proposes to dispose of the main matter, notice R-7 stands dispensed with.
W.P.(C).38826/15 - : 2 :-
official respondents 1 to 3 had filed a statement dated 1.2.2016 for and on behalf of respondents 1 to 3 and para 11 of the said statement reads as follows:
“11. It is submitted that respondent No.2 has neither taken any action for transfer of the licence in the name of respondent No.7 & 6 as there is no provision in the SMPV(U) Rules, 1981 for transfer of licence granted in Form V of SMPV(U) Rules, 1981. It is further clarified that Licence No.S/HO/KL/05/33/S-24381 granted in the name of petitioner is already expired on 31.3.2015 and as per the provisions of SMPV(U) Rules, 1981 the petitioner is not authorized to conduct any business on the strength of the Licence No.S/HO/KL/05/ 33/S-4381, which is already expired on 31/03/2015. Therefore the allegation raised by the petitioner does not bear any substance and are baseless and have no merit.”
Sri.C.J.Joy, learned counsel for the writ petitioner submits that
this Court may record the contents of the said para 11 of the abovesaid statement filed on behalf of respondents 1 to 3 and may give necessary liberty to the petitioner to work out his remedies in respect of his subsisting grievances or future grievances, if any, either before the statutory authorities concerned or before the appropriate forum. In the light of the said submission, this Writ Petition (Civil) stands disposed of, recording the abovesaid para 11 of the statement filed on behalf of R-1 to R-3 and granting necessary liberty to the petitioner in the manner indicated above.
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Sd/ALEXANDER THOMAS, JUDGE ///True Copy///
P.S. to Judge
W.P.(C).38826/15 - : 3 :-
2 issues framed by the court
Whether to issue writ of Mandamus commanding the Respondents to dispose of applications for renewal of LPG licence and forbear from actions enabling another entity to operate at the site.
Whether the Writ Petition should be disposed of after recording the submission regarding lack of provision for licence transfer under SMPV(U) Rules, 1981.
AUTO GAS ENERGY INDIA LIMITED
UNION OF INDIA
THE CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION
THE DISTRICT COLLECTOR, MALAPPURAM
THE ADDITIONAL DISTRICT MAGISTRATE MALAPPURAM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
