IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 24448 of 2010(E) -------------------------- PETITIONER(S): --------------- HARSHAN.K.V, AGED 50, S/O.K.K.VELUKUTTY, PROPRIETOR OF M/S.SREEMON, GAS AGENCIES, AZHAKAM ROAD, AZHAKAM DESOM, KODAKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 684. BY ADV. SRI.M.N.MANOJ SRI.V.C.VALSAN RESPONDENT(S): --------------- 1. THE NATIONAL COMMISSION FOR THE SCHEDULED CASTE AND SCHEDULED TRIBES, GOVT. OF INDIA 570 FLOOR, LOK NAIK BHAVAN, KHANMURKOT, NEW DELHI-110 003. 2. THE KERALA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBES, THIRUVANANTHAPURAM, NANDAVANAM P.O., PIN-695 033. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, THIRUVANANTHAPURAM, VANCHIYOOR P.O., PIN-695 023. 4. THE TERRITORY MANAGER (L.P.G), BHARAT PETROLEUM CORPORATION LTD., L.P.G. FILLING PLANT, POST BOX NO.6, KAZHAKKUTTAM P.O., PIN-695 582, THIRUVANANTHAPURAM. 5. THE REGIONAL L.P.G. MANAGER (SOUTH), BHARAT PETROLEUM CORPORATIN LTD., I RANGANATHAN GARDENS, OFF IITH MAIN ROAD, ANNA NAGAR, CHENNAI-40. 6. SASI.P.V., S/O.VELAYUDHAN, 3/6, PALLIMOLATHU HOUSE, MORAKKALA DESOM, KUMARAPURAM P.O., ERNAKULAM DISTRICT, PIN-683 565. 7. BIJU MATHEW, S/O.MATHEW, MANNULLIL HOUSE, MORAKKALA DESOM, KUMARAPURAM P.O., ERNAKULAM DISTRICT, PIN-683 565. ADV.E.K.NANDAKUMAR ADV.M.K.CHANDRAMOHAN DAS SRI.T.P.M.IBRAHIM KHAN, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 24448 of 2010 ================== Dated this the 4th day of August, 2010 J U D G M E N T The petitioner is a member of a Scheduled Caste community. The petitioner responded to a notification inviting applications published by the Bharat Petroleum Corporation for tenders for transportation of packed LPG from their bottling plant at Thiruvananthapuram, to various outlets. The petitioner's grievance is that the 6th respondent, who, though a Scheduled Caste member, has been allowed to participate in the tender process as a benami of the 7th respondent, who is not a member of a Scheduled Caste community. The petitioner submits that the 7th respondent has transferred six trucks to the 6th respondent to enable him to participate in the tender process, although the 6th respondent does not have the financial capacity to purchase six trucks all on a sudden. The petitioner, therefore, seeks the following reliefs; “a) To issue a writ of mandamus or any other order or direction to the 1st respondent to process the Exhibit P6 petition filed by the petitioner and to conduct an enquiry and dispose the same in accordance with Law by giving opportunity to the petitioner for hearing and to adduce evidence with in a time limit fixed by this Hon'ble Court. b) To issue a writ of mandamus or any other order or direction to the 2nd respondent to process the Exhibit P7 petition filed by the petitioner and to conduct an enquiry and dispose the same in accordance with Law with in a time limit fixed by this Hon'ble Court. w.p.c.24448/10 2 c) To issue an order in the nature of Writ of mandamus or any other order or directions (sic) 3rd respondent to process the Exhibit P8 petition filed by the petitioner and to conduct an enquiry and dispose the same in accordance with Law with in a time limit fixed by this Hon'ble Court. 2. However, the learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied with a direction to the 1st respondent to consider and pass orders on Ext.P6 expeditiously. 3. I have heard the learned Government Pleader and the learned standing counsel for the Bharat Petroleum Corporation Limited. In the nature of the order I propose to pass, I do not think it necessary to issue notice to respondents 1, 6 and 7 at this juncture. 4. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment after affording an opportunity of being heard to the petitioner and respondents 6 and 7. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24448/10 3