Disposed

Vijayakumaran Nair v. the Chairman

Kerala HC6 Jan 2021WP(C)/26399/2020

Case brief

AI extract

What is this about?

Petitioner, an LPG distributor facing business disruption, sought revival of his outlet. Court directed the authorized officer to consider the petitioner' submitted representation and decide within three weeks, considering his appointment expiry.

What did the court decide?

Direction to the authorized officer of the 2nd respondent to consider Ext.P7 representation and take a decision within three weeks.

Vijayakumaran Nair Vs the Chairman — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C).No.26399 OF 2020(Y)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

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WP(C).No.26399 OF 2020(Y)

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PETITIONER/S:

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VIJAYAKUMARAN NAIR AGED 65 YEARS S/O. KRISHNAPILLAI, SREESAILAM, MELAMKODE, VALIYARA, VELLANAD VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT - 695 543.

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BY ADV. SRI.C.P.PEETHAMBARAN

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RESPONDENT/S:

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1 THE CHAIRMAN BHARAT PETROLEUM CORPORATION LIMITED, 4 AND 6 CUIRRIMBHOY ROAD, BALLARD ESTATE, MUMBAI - 400 001.

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2 BHARAT PETROLEUM CORPORATION LIMITED ERNAKULAM TERRITORY (RETAIL) OFFICE, IRUMPANAM INSTALLATION, COCHIN - 682 309, REPRESENTED BY ITS TERRITORY MANAGER.

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3 THE SALES OFFICER BHARAT PETROLEUM CORPORATION LIMITED, REGIONAL OFFICE, CHACKA, VELI, THIRUVANANTHAPURAM - 695 001.

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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 R1-3 BY ADV. SRI.RAJA KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26399 OF 2020(Y)

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JUDGMENT

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Dated this the 6^th day of January 2021

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The petitioner who was given letter of appointment as Distributor of LPG gas as per Ext.P1 on 28.02.2006 was unable to carry out the business for a long period from 2013 onwards on account of dispute with another person. It is stated that the dispute with the other person was settled and thereafter on the basis of his representation a hearing was conducted by the respondents and as per Ext.P5 letter the respondents had directed him to furnish an undertaking as per Annexure-N2 of the reconstitution guidelines, proof of possession of land where retail outlet exists etc, for taking a decision as to the revival of the outlet. The petitioner submitted Ext.P7 representation along with Ex.P6 undertaking and Ext.P8 consent with respect to the land where the petitioner wants to shift the outlet. It is pointed out that the period of appointment would expire in February 2021.

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I heard the learned Standing Counsel also.

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Since Ext.P7 representation is submitted pursuant to the letter issued by the respondents, there shall be a direction to the authorized officer of 2^nd respondent to consider Ext.P7 representation and to take a decision within a period of three

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WP(C).No.26399 OF 2020(Y)

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weeks, taking note of the date of expiry of the period of

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appointment and communicate the same to the petitioner.

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The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.26399 OF 2020(Y)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE DATED RESPO	COPY 28 NDENT	OF THE .02.2006 .	LETTER OF APPOINTMENT ISSUED BY THE 2ND
EXHIBIT P2	TRUE	COPY	OF THE JU	DGMENT DATED 20.11.2013
	IN W COURT	P(C) .	NO.24885/	2013 OF THIS HON'BLE
EXHIBIT P3	TRUE 17.10 2ND R	COPY .2017 ESPON	OF THE SENT BY DENT.	REPRESENTATION DATED THE PETITIONER TO THE
EXHIBIT P4	TRUE IN W COURT	COPY P(C) .	OF THE JU NO.35661/	DGMENT DATED 8.11.2019 2017 OF THIS HON'BLE
EXHIBIT P5	TRUE ISSUE	COPY D BY	OF THE THE 2ND RE	LETTER DATED 6.1.2020 SPONDENT.
EXHIBIT P6	TRUE DATED BEFOR	COPY 8.10 E THE	OF THE AF .2020 SUBM 2ND RESPO	FIDAVIT /INDEMNITY BOND ITTED BY THE PETITIONER NDENT.
EXHIBIT P7	TRUE 08.10 BEFOR	COPY .2020 E THE	OF THE SUBMITTE 2ND RESPO	REPRESENTATION DATED D BY THE PETITIONER NDENT.
EXHIBIT P8	TRUE 05.11 LESSE	COPY .2020 R OF	OF THE OF ABOOB THE PROPER	CONSENT LETTER DATED ACKER AND SOUMYA, THE TY.
EXHIBIT P9	TRUE 11.06	COPY .2020	OF THE LA OF THE LE	TEST TAX RECEIPT DATED ASED PROPERTY.

Vijayakumaran Nair v. the Chairman

Case brief

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Vijayakumaran Nair v. the Chairman

Case brief

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