Petitioner withdrew a writ petition before the High Court of Kerala. The Court granted the permission to withdraw and dismissed the petition with liberty to approach the Court again.
Permission to withdraw the writ petition was granted; the writ petition is dismissed as having been withdrawn, reserving liberty to approach the Court again.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945
WP(C) NO. 30554 OF 2023
PETITIONER:
MR.C.A ABRAHAM
AGED 73 YEARS,
S/O ABRAHAM, CHEMMERIKAT HOUSE, ‘MAYOORAM’, SHORANUR P.O,
SHORANUR, PALAKKAD, PIN - 679121
BY ADVS.
M.JITHESH MENON
P.G.MAHESHKUMAR
KURIAN T. VADAKKEL
P.DEEPAK
NAZRIN BANU
RESPONDENTS:
1 THE BHARAT PETROLEUM CORPORATION LTD A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT BHARAT BHAVAN NO. 1& 2, 4&6, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI, REPRESENTED BY ITS CHAIRMAN, PIN - 4000012 THE CHIEF GENERAL MANAGER (PROJECTS), THE BHARAT PETROLEUM CORPORATION LTD,KOCHI REFINERY COMPLEX, AMBALAMUGAL, COCHIN,, PIN - 6823023 PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) A BLOCK, CGO COMPLEX, 5TH FLOOR, SEMINARY HILLS, NAGPUR, MAHARASHTRA, REPRESENTED BY THE CHIEF CONTROLLER OF EXPLOSIVES, PIN - 4400064 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) KENDRIYA BHAVAN, BLOCK C2, CGO COMPLEX, KAKKANAD, ERNAKULAM. PIN - 6820375 MR.KUNJI MOHAMMED AGED 66 YEARS S/O HYDROSE HAJI, PADINJARETHIL HOUSE, PALLOOR P.O., DESAMANGALAM, THRISSUR DISTRICT, PIN-679 532, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.SHABEER, AGED 38 YEARS, S/O HAMSA, MANAL PARAMBIL HOUSE, VARODE P.O.OTTAPALAM, PALAKKAD, PIN - 679102WP(C) NO. 30554 OF 2023
2
6MR.ABOOBACKER,
AGED 62 YEARS
S/O SAIDALIKUTTY, MANAL PARAMBIL HOUSE, THOTTAKARA P.O.,
OTTAPALAM, PALAKKAD- 679102 REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER MR.SHABEER, AGED 38 YEARS, S/O HAMSA,
MANAL PARAMBIL HOUSE, VARODE P.O.,OTTAPALAM, PALAKKAD,
PIN - 679102
7MR.MAYAROOF
AGED 61 YEARS
S/O PULICKAL KUNHI MOOSA, HIRA MANZIL, CHAMPAD P.O.,
KANNUR- 670694 REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER MR.SHABEER, AGED 38 YEARS, S/O HAMSA, MANAL
PARAMBIL HOUSE, VARODE P.O., OTTAPALAM, PALAKKAD, PIN -
679102
BY ADVS.
GOPIKRISHNAN NAMBIAR M
MARTIN JOSE P
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
P.PRIJITH(K/233/2005)
THOMAS P.KURUVILLA(K/420-B/2005)
R.GITHESH(K/630/2002)
AJAY BEN JOSE(K/729/2012)
MANJUNATH MENON(K/000474/2015)
SACHIN JACOB AMBAT(K/734/2016)
ANNA LINDA EDEN(K/1201/2020)
HARIKRISHNAN S.(K/497/2019)
S.SREEKUMAR (SR.)(S-571)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30554 OF 2023
3
JUDGMENT
The learned counsel for the petitioner
seeks permission to withdraw this writ petition
with liberty to approach this Court again
appropriately.
This request is granted; consequently, this
writ petition is dismissed as having been
withdrawn, reserving liberty to the petitioner to
approach this Court again.
Sd/-
DEVAN RAMACHANDRAN JUDGE
SAS
WP(C) NO. 30554 OF 2023
4
APPENDIX OF WP(C) 30554/2023
PETITIONER EXHIBITS
Exhibit P1COPY OF THE DISPENSING PUMP AND SELLING
LICENSE GRANTED BY THE FIRST RESPONDENT.
Exhibit P2COPY OF THE REGISTERED SALE DEED DATED
14.11.1957
Exhibit P3COPY OF LEASE DEED DATED 12.07.1993
Exhibit P4COPY OF THE JUDGEMENT IN WP[C] NO. 12035 OF
2021 DATED 14.02.2022
Exhibit P5COPY OF THE JUDGEMENT IN WA NO. 451 OF 2022
DATED 06.04.2022
Exhibit P6COPY OF THE ORDER DATED 01.04.2022
Exhibit P7COPY OF THE JUDGEMENT IN WP[C] NO. 18108/2022
Exhibit P8COPY OF THE ORDER DATED 24.02.2023
Exhibit P9COPY OF THE COMMUNICATION DATED 28.02.2023
Exhibit P10COPY OF THE INTERIM ORDER PASSED BY THE HIGH
COURT IN WP[C] NO. 11167 OF 2023
Exhibit P11COPY OF THE JUDGEMENT RENDERED BY THE HIGH
COURT IN WP[C] NO. 11167 OF 2023 DATED
14.08.2023
Exhibit P12COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT
DATED 30.08.2023
RESPONDENT EXHIBITS
EXHIBIT R 6(a)True copy Sale deed No.668/21 dated 16-12-2021
of ottapalam SRO
EXHIBIT R 6(b)True Copy of Order No. P/SC/KL/14/611(P35310)
dated 07-12-2022
EXHIBIT R 6(c)True copy Application No.2765 of 2023 filed by
the 1st Respondent
MR.C.A ABRAHAM
THE BHARAT PETROLEUM CORPORATION LTD
THE CHIEF GENERAL MANAGER (PROJECTS), THE BHARAT PETROLEUM CORPORATION LTD
PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO)
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO)
MR.KUNJI MOHAMMED
DEVAN RAMACHANDRAN
As recorded by the court registry
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