IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 31056 of 2009(B) -------------------------------------- PETITIONER(S): ----------------------- SABUNATH K.S., AGED 41, S/O.SOMANATH, KALATHILPARAMBIL HOUSE, SREEKANDAPURAM, PROPRIETOR, M/S.DEEPAM INDANE SERVICES, SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. MR.PRAVEEN K. JOY, MR.ADEEP ANWAR. RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF PETROLEUM, NEW DELHI. 2. INDIAN OIL CORPORATION LTD., MUMBAI, REP. BY ITS CHAIRMAN. 3. DEPUTY GENERAL MANAGER (LPG), INDIAN OIL CORPORATION LTD., KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR, KOCHI-36. 4. CHIEF AREA MANAGER, INDANE AREA OFFICE, IOC, PANAMPILLY AVENUE, PANAMPILLY NAGAR, KOCHI-36. 5. SENIOR AREA MANAGER, INDANE AREA OFFICE, INDIAN OIL CORPORATION LTD, KOZHIKKODE. R1 BY ADV. MR.T.P.M.IBRAHIM KHAN, ASST.SG OF INDIA. R2 TO R5 BY ADV. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, MR.V.J.ANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31056/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT OFFER OF LPG DISTRIBUTORSHIP DATED 05/11/2003 OF THE 5TH RESPONDENT. EXT.P2: COPY OF THE CERTIFICATE OF REGISTRATION DATED 29/11/2007 OF COMMERCIAL TAX OFFICER, THALIPPARAMBU. EXT.P3: COPY OF THE LICENCE TO STORE COMPRESSED GAS IN CYLINDERS FROM THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES. EXT.P4: COPY OF THE ORDER OF RENEWAL OF LICENCE FROM DCCE, ERNAKULAM DATED 20/03/2009. EXT.P5: COPY OF THE INSURANCE POLICY DATED 09/09/2009 OF ORIENTAL INSURANCE COMPAMNY LTD. EXT.P6: COPY OF THE NOTICE DATED 10/07/2009 OF THE 5TH RESPONDENT. EXT.P7: COPY OF THE EXPLANATION DATED 28/07/2009 SUBMITTED BEFORE THE 5TH RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION DATED 04/08/2009 OF THE 5TH RESPONDENT. EXT.P9: COPY OF THE FIR NO.147 DATED 11/08/2009 OF SREEKANDAPURAM POLICE STATION. EXT.P10: COPY OF THE LETTER DATED 11/09/2009 OF THE 5TH RESPONDENT. EXT.P11: COPY OF THE REPLY DATED 19/09/2009 SUBMITTED BEFORE THE 5TH RESPONDENT. EXT.P12: COPY OF THE DEMAND DRAFT FOR Rs.12, 250/- DATED 26/09/2009 SUBMITTED BEFORE 5TH RESPONDENT. EXT.P13: COPY OF THE DEMAND DRAFT DATED 24/09/2009 FOR Rs.94,000/- SUBMITTED BEFORE THE 5TH RESPONDENT. EXT.P14: COPY OF THE DETAILED REPRESENTATION BEFORE THE 3RD RESPONDENT BY THE PETITIONER. EXT.P15: COPY OF THE LETTER DATED 20/10/2009 OF THE 3RD RESPONDENT. EXT.P16: COPY OF THE REPLY DATED 29/10/2009 SUBMITTED BEFORE 2ND RESPONDENT. EXT.P17: COPY OF THE SUSPENSION LETTER DATED 28/10/2009 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31056 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of March, 2010. JUDGMENT This writ petition is filed challenging Ext.P17 order passed by the Indian Oil Corporation, extending the suspension of the distributorship of the petitioner. 2. The petitioner was granted LPG distributorship at Sreekandapuram in Kannur District in SC category under the marketing plan 1999-2000® by order dated 5.11.2003. Ext.P1 is the copy of the said order. By Ext.P6, a notice was issued by the respondent pointing out certain allegations raised by one Benny Augustine, against the petitioner. The petitioner submitted a detailed explanation dated 28.7.2009. It appears that a criminal case with FIR No.147 was registered against the said Benny Augustine and Ext.P9 is the true copy of the same. Thereafter, alleging shortage of cylinders, Ext.P10 communication was given to the petitioner, to which the petitioner sent Ext.P11 reply. Finally, the second respondent issued Ext.P17 letter suspending the distributorship of the petitioner. Ext.P16 is the reply submitted by the petitioner to the General Manager, Indian Oil Corporation disputing the various shortcomings alleged. wpc31056 /2009 2 3. Heard learned Standing Counsel for the respondents. It is submitted that within three months time, the entire action will be finalized, after conducting due enquiries. 4. Therefore, there will be direction to the competent authority to complete the action pursuant to Ext.P17 within a period of three months after hearing the petitioner and after adverting to the various contentions raised in Ext.P16. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/