Sri.v.T.Muralidharan Pillai, v. M/S.Hindustan Petroleum Corporation Limited

Kerala HC17 Oct 2022WP(C)/19282/2022

Case brief

AI extract

What is this about?

The Court held that as the District Magistrate had cancelled the No Objection Certificate, the disputed license cancellation ceased to have any operative effect for consideration, and the writ petition was closed with the right to challenge the council order preserved.

What did the court decide?

The writ petition is closed with the right to challenge Ext.P16 preserved.

What the court decided

AI extract

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 17TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944
WP(C) NO. 19282 OF 2022

¶5

PETITIONER/S:

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SRI.V.T.MURALIDHARAN PILLAI,
AGED 61 YEARS
S/O.THANKAPPAN PILLAI,
ASWATHY NILAYAM, MANGARAM,
KONNI P.O., PATHANAMTHITTA DISTRICT,
PIN - 689647
BY ADV THOMAS P.KURUVILLA

¶7

RESPONDENT/S:

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1M/S.HINDUSTAN PETROLEUM CORPORATION LIMITED,
A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT 17, JAMSHEDJI TATA
ROAD,
MUMBAI
REPRESENTED BY ITS CHIEF REGIONAL MANAGER
PIN - 400020

¶9

2THE CHIEF REGIONAL MANAGER (RETAIL)
M/S.HINDUSTAN PETROLEUM CORPORATION LIMITED,
A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956,
REGIONAL OFFICE AT TATA ROAD, ERNAKULAM,
COCHIN
PIN - 682018
3THE SECRETARY,
KONNI GRAMA PANCHAYAT
KONNI P.O.
PIN - 689691
4THE DEPUTY DIRECTOR OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO)
KENDRIYA BHAVAN, BLOCK- C2, CGO COMPLEX,
KAKKANAD, ERNAKULAM
PIN - 682037

Sri.v.T.Muralidharan Pillai, Vs M/S.Hindustan Petroleum… — Company and Corporate | Kerala HC (2022)

¶14

KUNNITHOTTIL BUILDING,
PATHANAMTHITTA
REPRESENTED BY THE ENVIRONMENTAL ENGINEER.
PIN - 689645
7MRS.LIJU SAJIKUMAR,
W/O.A.K.SAJIKUMAR,
ANJANIYIL, MANIMALA P.O, KOTTAYAM DISTRICT,
PIN - 689647
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
V.K.SUNIL
PRADEEP KUMAR JOHN, CGC
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
K. R. Sunil
V.K.SUNIL
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
DANIC ANTONY(K/480/2022)
KRISHNA SURESH(K/000727/2021)

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`PETITIONER EXHIBITS` `EXHIBIT P1`	`TRUE COPY OF LEASE AGREEMENT DATED 15-09-1999` `EXECUTED FOR A PERIOD OF 20 YEARS W.E.F. 01-` `08-1999 TO 31-07-2019 FOR CONDUCTING` `PETROLEUM OUTLET BY RESPONDENTS 1 AND 2`
`EXHIBIT P2`	`TRUE COPY OF LAWYER NOTICE DATED 11-10-2018` `ISSUED BY THE PETITIONER TO THE RESPONDENTS 1` `AND 2 TERMINATING THE LEASE AFTER THE EXPIRY` `OF THE PERIOD AND DEMANDING VACANT POSSESSION`
`EXHIBIT P2(A)`	`TRUE COPY OF POSTAL RECEIPT FOR SENDING` `EXHIBIT.P2`
`EXHIBIT P3`	`TRUE COPY OF LAWYER NOTICE DATED 09-08-2019` `ISSUED BY THE PETITIONER TO THE RESPONDENTS 1` `AND 2 TERMINATING THE LEASE AND DEMANDING` `VACANT POSSESSION`
`EXHIBIT P3(A)`	`TRUE COPY OF ACKNOWLEDGMENT, ACKNOWLEDGING` `THE RECEIPT OF EXHIBIT.P3 BY RESPONDENT NO.1`
`EXHIBIT P3(B)`	`TRUE COPY OF ACKNOWLEDGMENT, ACKNOWLEDGING` `THE RECEIPT OF EXHIBIT.P3 BY RESPONDENT NO.2`
`EXHIBIT P4`	`TRUE COPY OF REPRESENTATION DATED 19-11-2019` `SUBMITTED BY THE PETITIONER BEFORE THE` `HON'BLE MINISTER OF PETROLEUM AND NATURAL GAS`
`EXHIBIT P5`	`TRUE COPY OF LETTER DATED 24-12-2019 ISSUED` `BY THE 2ND RESPONDENT INFORMING THE` `PETITIONER THAT IT HAS NO INTENTION TO VACATE` `THE PREMISES AND RELIED UPON CLAUSE 2© OF` `EXHIBIT.P1`
`EXHIBIT P6`	`TRUE COPY OF SUIT AS O.S.NO.1100 OF 2019` `FILED BY THE PETITIONER BEFORE THE MUNSIFF'S` `COURT, ERNAKULAM`
`EXHIBIT P7`	`TRUE COPY OF APPLICATION DATED 20-06-2020` `SUBMITTED UNDER THE RIGHT TO INFORMATION ACT` `SUBMITTED BY THE PETITIONER BEFORE THE` `INFORMATION OFFICER AND 3RD RESPONDENT`
`EXHIBIT P8`	`TRUE COPY OF REPLY TO EXHIBIT.P7 DATED 02-07-` `2020 ISSUED BY THE INFORMATION OFFICER AND` `3RD RESPONDENT`
`EXHIBIT P9` `EXHIBIT P10`	`TRUE COPY OF REPRESENTATION DATED 20-06-2020` `SUBMITTED BY THE PETITIONER BEFORE THE 3RD` `RESPONDENT, NOT TO GRANT ANY TRADE LICENSE TO` `THE 7TH RESPONDENT AND IF ANY GRANTED MAY BE` `REVOKED` `TRUE COPY OF REPRESENTATION DATED 20-06-2020`

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	`SUBMITTED BY THE PETITIONER BEFORE THE 4TH` `RESPONDENT UNDER THE RIGHT TO INFORMATION` `ACT, FURNISHING COPY OF THE LICENSES ISSUED` `TO RESPONDENTS 1 AND 2 UNDER THE PETROLEUM` `ACT AND RULES TO CONDUCT THE PETROLEUM OUTLET`
`EXHIBIT P11`	`TRUE COPY OF REPRESENTATION DATED 20-06-2020` `SUBMITTED BY THE PETITIONER BEFORE THE 4TH` `RESPONDENT REQUESTING TO REVOKE OR CANCEL THE` `LICENSE ISSUED TO THE RESPONDENTS 1 AND 2 FOR` `CONDUCTING THE PETROLEUM OUTLET`
`EXHIBIT P12`	`TRUE COPY OF COMMON JUDGMENT DATED 30-06-2021` `IN W.P.(C).NO.14439 OF 2020 AND W.P.(C).NO.` `18058 OF 2020 OF THIS HON'BLE COURT`
`EXHIBIT P13`	`TRUE COPY OF REPLY DATED 31-08-2021 ISSUED BY` `THE 4TH RESPONDENT INFORMING THE LICENSE IN` `FAVOUR OF HPCL WAS VALID UPTO 31-12-2021`
`EXHIBIT P14`	`TRUE COPY OF REPLY DATED 10-02-2022 TO THE` `APPLICATION DATED 26-01-2022 FILED BY THE` `PETITIONER UNDER RIGHT TO INFORMATION ACT`
`EXHIBIT P15`	`TRUE COPY OF WRITTEN SUBMISSION DATED 08-02-` `2022 FILED ON BEHALF OF THE PETITIONER BEFORE` `THE 4TH RESPONDENT`
`EXHIBIT P16`	`TRUE COPY OF ORDER DATED 14-03-2022 OF THE` `4TH RESPONDENT`
`EXHIBIT P17`	`TRUE COPY OF ORDER DATED 22-03-2022 IN` `CONTEMPT CASE (CIVIL) NO.71 OF 2022 IN W.P.` `(C).NO.14439 OF 2020 OF THE HON'BLE HIGH` `COURT OF KERALA`
`EXHIBIT P18`	`TRUE COPY OF NOTICE DATED 23-03-2022 ISSUED` `BY THE 4TH RESPONDENT, DIRECTING THE` `PETITIONER TO APPEAR AT THE OFFICE OF THE 4TH` `RESPONDENT AT 4:00 P.M. ON 30-03-2022`
`EXHIBIT P19`	`TRUE COPY OF ORDER DATED 31-03-2022 ISSUED BY` `THE 4TH RESPONDENT`
`EXHIBIT P20`	`TRUE COPY OF APPLICATION UNDER RIGHT TO` `INFORMATION ACT, DATED 02-03-2022 SUBMITTED` `BY THE PETITIONER BEFORE THE 6TH RESPONDENT`
`EXHIBIT P21`	`TRUE COPY OF LETTER DATED 22-03-2022 ISSUED` `BY THE 7TH RESPONDENT IN RESPONSE TO` `EXHIBIT.P20`
`EXHIBIT P22` `EXHIBIT P23`	`TRUE COPY OF APPLICATION DATED 17-02-2022` `SUBMITTED BY THE PETITIONER TO THE DISTRICT` `COLLECTOR TO CANCEL THE NOC GIVEN TO THE` `RESPONDENT NOS.1 AND 2 TO COMMENCE THE PETROL` `PUMP` `TRUE COPY OF LETTER DATED 29-05-2022 ISSUED`

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TRUE COPY OF LETTER DATED 01-06-2022 ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER
TRUE COPY OF THE ORDER DATED 01-02-2021
ISSUED BY THE 4TH RESPONDENT
TRUE COPY OF THE ORDER DATED 09-04-2021 OF
JOINT CHIEF CONTROLLER OF EXPLOSIVES (HOD)
AND APPELLATE AUTHORITY, PETROLEUM AND
EXPLOSIVES SAFETY ORGANIZATION, GOVERNMENT OF
INDIA

Sri.v.T.Muralidharan Pillai, v. M/S.Hindustan Petroleum Corporation Limited

Case brief

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Sri.v.T.Muralidharan Pillai, v. M/S.Hindustan Petroleum Corporation Limited

Case brief

What is this about?

What did the court decide?

What the court decided

Parties & counsel

Case details

Similar cases

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Pranav K.P. Vs K.V. Pushpa (Pen 288558)

Kerala State Co-Operative Employees' Pension Board Vs Thomas P. Mathew

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