IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 28310 of 2006(T) ----------------------------------------- PETITIONER(S): ------------------------ 1. P.K.MADHAVI AMMAL, AGED 87 YEARS, WIDOW OF LATE V.K.PYTHAL (DECEASED FREEDOM FIGHTER PENSIONER)CHANDROTH HOUSE, M.G.ROAD, KALLUR, P.O.MATTANNUR, KANNUR DISTRICT, KERALA STATE, PIN-670 702. (PENSION PAYMENT ORDER NO. (FREE F.59(CENTRAL). 19/415/72 & KEF.8127 (STATE). 2. P.K.DIVAKARAN, S/O. LATE V.K.PYTHAL, (DECEASED FREEDOM FIGHTER PENSIONER), CHANDROTH HOUSE, M.G.ROAD, KALLUR, P.O.MATTANNUR, KANNUR DISTRICT, KERALA STATE, PIN-670 702. BY ADV. SRI.K.P.SARVOTHAMAN RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI-110 001. (PIN) 2. THE EXECUTIVE DIRECTOR, OIL CO-ORDINATION COMMITTEE, 2ND FLOOR, CORE 8,7, INSTITUTIONAL AREA (MARKETING) INDIAN OIL CORPORATION LTD., G-9, ALIYAVUR JUNG-MARG, BANDRA (EAST), MUMBAI-400 051. 3. CHAIRMAN/MANAGING DIRECTOR, OIL CO-ORDINATION COMMITTEE SHASTRI BHAVAN, NEW DELHI-110 001. 4. DEPUTY MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD., TATAPURAM P.O., KOCHI-14. 5. SPECIAL GRADE SECRETARY, KEEZHUR - CHAVASSERY GRAMA PANCHAYATH, P.O.PUNNAD, IRITTY (VIA), KANNUR DISTRICT, KERALA-670 703. 6. INDIAN OIL CORPORATION LTD., (KERALA STATE LEVEL CO-ORDINATION COMMITTEE), REP. BY THE CHIEF LPG MANAGER, OFFICE OF INDIAN OIL CORPORATION LTD., PANAMPILLY NAGAR, KOCHI, KERALA STATE. 7. DISTRICT COLLECTOR, KANNUR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION P.O., KANNUR, KERALA. 8. UNION MINISTER FOR PETROLEUM AND NATURAL GAS(MINISTRY OF PETROLEUM), SASTRI BHAVAN, NEW DELHI, PIN-110 001. 9. DEPUTY SECRETARY TO GOVERNMENT OF KERALA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001. ADV. SRI.BOBY JOHN, CGC FOR R.1,8 AND 0 SRI.V.M.KURIAN FOR R.5 SRI.MATHEW B. KURIAN FOR R.5 SRI.K.T.THOMAS FOR R.5 SMT.TULASI PANICKER FOR R.5 SRI.P.PARAMESWARAN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28310/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE THAMARAPATHRA AWARDED TO THE DECEASED V.K.PYTHAL IN COMMEMORATION OF 50TH YEAR OF INDEPENDENCE OF INDIA. P2:- COPY OF THE DEATH CERTIFICATE IN RESPECT OF THE DECEASED V.K.PYTHAL ISSUED BY THE REGISTRAR OF BIRTHS AND DEATH, MATTANNUR MUNICIPALITY DT. 18.7.06. P3:- COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER KOLARI VILLAGE DT. 26.9.06. P4:- COPY OF THE REQUEST LETTER PREFERRED BY THE DECEASED FREEDOM FIGHTER V.K.PUTHAL BEFORE THE 3RD RESPONDENT ACKNOWLEDGED WITH DT. 10.10.95. P5:- ACKNOWLEDGEMENT LETTER ADDRESSED TO THE DECEASED FREEDOM FIGHTER BY THE HONOURABLE MINISTER FOR INDUSTRY DT. 18.1.96. P6:- COPY OF THE REPLY LETTER SENT BY THE 4TH RESPONDENT DT. 10.11.95. P6(a):- COPY OF THE REPLY LETTER DT. 21.10.95 SENT BY THE DIVL. MANAGER OF BPCL KOCHI DIVISION. P7:- COPY OF THE REPRESENTATION WITH BIO-DATA THE DECEASED V.K.PYTHAL (DECEASED FREEDOM FIGHTER DT. 18.1.06. P7(a):- COPY OF THE ACKNOWLEDGEMENT CARD DT. 16.2.06 IN RECEIPT OF THE DECEASED'S REQUEST LETTER FROM THE PRIME MINITER'S OFFICE, NEW DELHI. P8:- COPY OF THE REQUEST LETTER PREFERRED BY the IST PETITIONER BEFORE THE 3RD RESPONDENT IN SEPT. 2006. P8(a):- COPY OF THE ACKNOWLEDGEMENT EVIDENCING THE RECEIPT OF EXT.P8 DT. 18.9.06. P9:- COPY OF THE RESOLUTION NO.93/05 DT. 19.11.05 OF THE 5TH RESPONDENT PANCHAYATH. P10:- COPY OF THE NEWS ITEM REPORTED IN DESHABHIMANI DAILY DT. 1.11.05. P10(a):- COPY OF THE NEWS ITEM APPEARED IN DESHABHIMANI DAILY DT. 10.8.06. P11:- COPY OF THE DETAILS OF LOCATIONS RUN BY DIFFERENT OIL COMPANIES. P12:- COPY OF THE TABLE OF POPULATION IN BLOCK PANCHAYAT'S OF KANNUR DISTRICT DURING 2001. P12(a):- COPY OF THE DISTRIBUTOR- SHIP ALLOTTED AGAINST EACH BLOCK PANCHAYAT. P13:- COPY OF THE CITATION REPORTED IN 1995 SUPP. (3) SCC 382 IN THE CASE DECISION OF CENTRE FOR PUBLIC INTEREST LITIGATION V.S UNION OF INDIA AND ORS. /TRUE COPY/ P.A.TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.28310 of 2006 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “ Issue a writ of mandamus or any other appropriate writ order or direction commanding the concerned respondent authorities to sanction a LPG distribution agency to the petitioners in Kannur District under discretionary quota of the Central Government as the dependants of late V.K.Pythal, a freedom fighter pensioner who made Supreme Sacrifice for the nation.” It is made clear that as and when applications are invited, the claim of the petitioners will be preferably considered against the eligible quota. The 7th respondent will ensure such compliance. Petitioner will produce a copy of this judgment before the first respondent and the District Collector. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.28310 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.