Disposed

Sajeena v. Union of India

Kerala HC5 Jun 2023WP(C)/7045/2023

Case brief

AI extract

What is this about?

This is a writ petition seeking directions from the Kerala High Court to the LPG distributors and authorities to consider the petitioner's request for license renewal or extension. The court disposed of the petition by directing the competent authority to consider the request within a month if the agency is not suspended, while maintaining status quo.

What did the court decide?

Competent authority among respondents 2 to 5 directed to consider Ext.P21 and pass an order after hearing within one month; status quo continues till then.

Sajeena Vs Union of India — Consumer Protection | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 5TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945
WP(C) NO. 7045 OF 2023

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PETITIONER/S:

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SAJEENA
AGED 43 YEARS
PROPRIETRIX. M/S.ANNAKUTTY BHARAT GAS SERVICE,
THOPPUMUKKU JUNCTION, OPPOSITE MORE & MORE,
VATTIYOORKAVU, TRIVANDRUM, W/O.SHAJAHAN. M.
K.K.MANZIL, PALLINADA, CHITTATTUMUKKU P.O. ,
KADINAMKULAM VILLAGE, THIRUVANANTHAPURM ,
TRIVANDRUM., PIN - 695541
BY ADVS.
P.BINNY JOSEPH
BASIL MATHEW

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY. MINISTRY OF PETROLEUM AND NATURAL GAS, GOVERNMENT OF INDIA, SHASTHRI BHAVAN, NEWDELHI., PIN - 110001

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2 BHARAT PETROLEUM CORPORATION LTD TRIVANDRUM TERRITORY, REPRESENTED BY ITS TERRITORY MANAGER (LPG), KAZHAKUTTAM, THIRUVANANTHAPURAM, PIN - 695582

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3 STATE HEAD KERALA (LPG) BHARAT PETROLEUM CORPORATION LIMITED

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1 ST FLOOR, KOCHI REFINERY MARKETING BUILDING, AMBALAMUGAL, KOCHI, KERALA., PIN - 682302

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4 REGIONAL LPG MANAGER BHARAT PETROLEUM CORPORATION LIMITED. , SOUTHERN REGIONAL OFFLCE 1, RANGANATHAN GARDENS, OFF 11TH MAIN ROAD PB NO.1212 & 1213, ANNA NAGAR, CHENNAI, TAMILNAD., PIN - 600040

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5 CHAIRMAN AND MANAGING DIRECTOR (CMD) BHARAT PETROLEUM CORPORATION LIMITED CHAIRMAN'S OFFICE, BHRATH BHAVAN, 4 & 6

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W.P.(C). No. 7045 of 2023

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CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI., PIN -
400001
6DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND SAFETY ORGANIZATION, KAKKANAD,
ERNAKULAM., PIN - 682037
7CHIEF CONTROLLER OF EXPLOSIVES
CGO COMPLEX, 5TH, A BLOCK, SEMINARY HILLS,
NAGPUR, MAHARASHTRA., PIN - 440001
BY ADVS.
Gopikrishnan Nambiar M
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)

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OTHER PRESENT:

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SRI.MANU.S, DSGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No. 7045 of 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 7045 of 2023

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Dated this the 5^th day of June, 2023

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JUDGMENT

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The above writ petition is filed with following prayers:

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“i) Issue a writ of mandamus or any other writ or direction directing the 2^nd to 6^th respondent to consider Ext.P21 request of the petitioner positively in the light of Ext.P20 lease deed;

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ii) Issue a writ of mandamus or any other writ or direction directing the 7^th respondent to consider Ext.P19 appeal filed by the petitioner and pass appropriate order within a reasonable time:

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iii) Issue a writ of mandamus or any other writ or direction directing the Mediation Centre Trivandrum to include the matter of Ext.P19, P20 and P21 also for consideration in the Mediation on 1-3-2023.

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iv) Such other relief this Hon'ble court seems fit and proper in the circumstances of the case.

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v) This Hon'ble Court may be pleased to dispense with the production of English translation of the vernacular documents.” (sic)

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W.P.(C). No. 7045 of 2023

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The main relief in this writ petition is for issuing direction to respondents 2 to 6 to consider Ext.P21 request of the petitioner in the light of Ext.P20 lease deed.

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Heard the counsel for the petitioner and the learned Deputy Solicitor General of India. I also heard the Standing Counsel appearing for respondents 2 to 5.

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The Standing Counsel appearing for respondents 2 to 5 seriously opposed the prayer. The Standing Counsel submitted that the distribution itself is suspended and the same is suppressed in the writ petition. I do not want to make any observation about the same. When this writ petition came up for consideration on 02.03.2023 this Court passed an order of status quo. The status quo order is being extended regularly. Since the writ petition is mainly filed for consideration of Ext.P21 request, the competent authority among respondents can consider the same and pass appropriate orders in it, in accordance with law. If the agency is suspended, the authority can inform the same to the petitioner in writing. The writ petition need not be retained here.

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W.P.(C). No. 7045 of 2023

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Therefore, this writ petition is disposed of in the following manner:

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The competent authority among respondents 2 to 5 will consider Ext.P21 and pass an order it it, after giving an opportunity of hearing to the petitioner and communicate the same to the petitioner, as expeditiously as possible, at any rate within one month from the date of receipt of a certified copy of this judgment.

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Till then status quo as on today will continue.

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sd/-

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P.V.KUNHIKRISHNAN

JUDGE

das

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W.P.(C). No. 7045 of 2023

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APPENDIX OF WP(C) 7045/2023

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF` `KL/15 (G38868` `TO THE PETITI` `RESPONDENT.`	`THE LICENCE NO. G/SE/` `) DATED 3-12-2014 ISSUED` `ONER BY THE 6TH`
`Exhibit`	`P2`	`TRUE COPY OF` `3129/2013 OF` `INTO BETWEEN` `HAKKEEM.`	`THE AGREEMENT NO.` `S.R.O.NEDUMANGAD ENTERED` `THE PETITIONER AND`
`Exhibit`	`P3`	`TRUE COPY OF` `THE ANAD PANC` `DATED 4-6-202`	`THE LICENCE ISSUED FROM` `HAYAT. TO THE PETITIONER` `1.`
`Exhibit`	`P4`	`TRUE COPY OF` `ADDITIONAL MU` `TRIVANDUM IN` `2022.`	`THE ORDER OF THE HON'BLE` `NSIFF COURT -III,` `I.A.1/2022 DATED 15-7-`
`Exhibit`	`P5`	`TRUE COPY OF` `PETITIONER BE` `ON 21 -8-2022`	`THE COMPLAINT FILED BY THE` `FORE THE NEDUMANGAD POLICE` `.`
`Exhibit`	`P6`	`TRUE COPY OF` `BY THE PETITI` `CHIEF MINISTE`	`THE REPRESENTATION FILED` `ONER BEFORE THE HON'BLE` `R ON 7-11-2022.`
`Exhibit`	`P7`	`TRUE COPY OF` `HAKKIM DATED`	`THE PETITION FILED BY ONE` `6-8-2022.`
`Exhibit`	`P8`	`TRUE COPY OF` `HAKKIM TO THE` `10-2022 .`	`THE REMINDER SENT BY ONE` `6TH RESPONDENT DATED 17-`
`Exhibit`	`P9`	`TRUE COPY OF` `DATED 19-10-2` `RESPONDENT TO`	`THE SHOW CAUSE NOTICE` `022 ISSUED BY THE 6TH` `THE PETITIONER.`
`Exhibit`	`P10`	`TRUE COPY OF` `BY THE PETITI` `RESPONDENT ON`	`THE EXPLANATION SUBMITTED` `ONER BEFORE THE 6TH` `19-11 -2022.`
`Exhibit`	`P11`	`POLICE PROTEC` `2022 FROM THI` `40209/2022.`	`TION ORDER DATED 22-12-` `S HON'BLE COURT IN WPC NO.`
`Exhibit`	`P12`	`TRUE COPY OF` `IA 3/2022 OF` `THIRUVANANTHA`	`THE ORDER OF INJUNCTION IN` `THE HON'BLE DISTRICT COURT` `PURAM.`
`Exhibit`	`P13`	`PHOTOGRAPHS O`	`F THE BOUNDARY WALL OF THE`

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W.P.(C). No. 7045 of 2023

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PROPERTY WHICH WAS TAKEN AT THE TIME OF
INSPECTION OF ADVOCATE COMMISSIONER ON
25-12-2022.
Exhibit P14TRUE COPY OF THE NOTICE OF HEARING
ISSUED BY THE 6[H RESPONDENT TO THE
PETITIONER DATED 4-1 -2023.
Exhibit P15TRUE COPY OF THE ABOVE WRITTEN NOTES OF
SUBMISSION DATED 10-1-2023.
Exhibit P16TRUE COPY OF THE ORDER ISSUED BY THE
6TH RESPONDENT NO.G/SE/KL/06/15
(G38868) DATED 13-1-2023.
Exhibit P17TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.40264/2022 DATED 17-1-2023
Exhibit P18TRUE COPY OF THE ORDER OF THE DEPUTY
CHIEF CONTROLLER O.F EXPLOSIVES DATED
9-12-2022 .
Exhibit P19TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE CHIEF CONTROLLER
OF EXPLOSIVES DATED 18-1 -2023.
Exhibit P20TRUE COPY OF THE LEASE DEED EXECUTED BY
THE PETITIONER WITH ONE AZEENA IN SRO
NEDUMANGAD.
Exhibit P21TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER TO THE TERRITORY MANAGER
(LPG), TRIVANDRUM DATED 27-1-2023.
Exhibit P22TRUE COPY OF THE ORDER PASSED IN W.P.
(C) NO.40209/2022 AND W.P.(C)
NO.2639/2023 DATED 21-2-2023.
RESPONDENT EXHIBITS
Exhibit R2(a)True copy of the suspension notice
dated 28.01.02023 issued by the 2nd
respondent
Exhibit R2(c)True copy of the show cause notice
dated 31.10.2022 issued to the
petitioner
Exhibit R2(b)True copy of the revelent pages of the
distribution agreement dated 31.12.2018
executed between the petitioner and the
2nd respondent

Sajeena v. Union of India

Case brief

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Sajeena v. Union of India

Case brief

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