IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 20594 of 2004(B) --------------------------------------- PETITIONER: -------------------- S.K.SANKARANARAYANA IYER & SONS, INDIAN OIL SKO DEALERS, RAILWAY STATION ROAD, THRISSUR P.O.,PIN-680 001, REPRESENTED BY ITS PARTNER T.R.SAHASRANAMAN, "AYODHYA", SANTHI NAGAR, THRIKKUMARAKUDAM ROAD, THRISSUR-680 003. BY ADV. RESPONDENTS: ---------------------- 1. INDIAN OIL CORPORATION LTD.,KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., COCHIN-682 036. 2. DEPUTY GENERAL MANAGER, INDIAN OIL CORPORATION LTD., KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., COCHIN-682 036. 3. SENIOR DIVISIONAL RETAIL SALES MANAGER, MARKETING DIVISION, INDIAN OIL CORPORATION LTD., COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., COCHIN-682 036. 4. PARUKUTTY AMMA, PROPRIETRIX, KRISHNA AGENCIES, INDIAN OIL SKO DEALER, PERINGAVU WEST, THRISSUR. 5. DISTRICT COLLECTOR, THRISSUR. 6. DISTRICT SUPPLY OFFICER, THRISSUR. 7. TALUK SUPPLY OFFICER, THRISSUR. W.P.(C) NO.20594/2004 8. TALUK SUPPLY OFFICER, MUKUNDAPURAM. 9. TALUK SUPPLY OFFICER, THALAPPILLY. ADV. SRI.P.VIJAYA BHANU FOR R4 SMT.K.S.CHANDRIKA FOR R4 SRI.E.K.NANDAKUMAR FOR R1 TO 3 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 TO R3 SMT.PRIYA MAHESH FOR R1 TO R3 SMT.PRIYA MANJOORAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20594/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE RECONSTITUTED PARTNERSHIP DEED DT. 17.8.85. EXT.P2:- COPY OF THE RELEVANT PAGES OF THE KEROSENE WHOLESALE DEALERS (KWD) LICENCE ISSUED TO THE PETITIONER FOR WADAKKANCHERRY IN THALAPPILLY TALUK. EXT.P2(a):- COPY OF THE RELEVANT PAGES OF THE KEROSENE WHOLE SALE DEALERS (KWD ) LICENCE ISSUED TO THE PETITIONER FOR THIRUVILWAMALA IN THALAPPILLY TALUK. EXT.P2(b):- COPY OF THE RELEVANT PAGES OF THE KEROSENE WHOLESALE DEALERS (KWD) LICENCE ISSUED TO THE PETITIONER FOR MANAMPETTA IN MUKUNDAPURAM TALUK. EXT.P2(c):- COPY OF THE RELEVANT PAGES OF THE KEROSENE WHOLESALE DEALERS (KWD) LICENCE ISSUED TO THE PETITIONER FOR THRISSUR TALUK. EXT.P3:- COPY OF THE KEROSENE DEALERSHIP AGREEMENT DT. 1.9.87 ENTERED INTO BETWEEN THE PETITIONER FIRM AND THE IST RESPONDENT. EXT.P4:- COPY OF THE RELEVANT PAGE OF THE REGISTER SHOWING THE NAMES OF SALESMEN EMPLOYED BY THE PETITIONER IN THE DEPOT FOR THRISSUR TALUK. EXT.P4(a):- COPY OF THE RELEVANT PAGE OF THE REGISTER SHOWING THE NAMES OF SALESMEN EMPLOYED BY THE PETITIONER IN THE DEPOT FOR MUKUNDAPURAM TALUK. EXT.P4(b):- COPY OF THE RELEVANT PAGE OF THE REGISTER SHOWING THE NAME OF SALESMEN EMPLOYED BY THE PETITIONER IN THE DEPOT FOR THALAPPILLY TALUK AT WADAKKANCHERRY. EXT.P4(c):- COPY OF THE RELEVANT PAGE OF THE REGISTER SHOWING THE NAMES OF SALESMEN EMPLOYED BY THE PETITIONER IN THE DEPOT FOR THALAPPILLY TALUK AT THIRUVILWAMALA. EXT.P5:- COPY OF THE POWER OF ATTORNEY DT. 18.9.03 EXECUTED BY T.R.SAHASRANAMAN IN FAVOUR OF C.J.GLENNY. EXT.P6:- COPY OF THE PROCEEDINGS DT. 10.2.2004 ISSUED BY THE DISTRICT COLLECTOR, THRISSUR. W.P.(C) NO.20594/2004 EXT.P7:- COPY OF THE NOTICE DT. 13.4.04 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8:- COPY OF THE REPLY DT. 26.4.04 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXT.P9:- COPY OF THE LETTER DT. 6.7.04 SENT BY THE 2ND RESPONDENT TO THE PETITIONER TERMINATING THE KEROSENE DEALERSHIP AGREEMENT. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE LETTER DT. 7.7.04 NO.CDO/R/SKO TO THE DISTRICT SUPPLY OFFICER, TRICHUR FROM THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.20594 of 2004 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T Petitioner approached this court aggrieved by Ext.P9 by which the licence granted to the petitioner was cancelled on the ground of violation of certain conditions. On 13.7.2007, this court passed the following order : “Interim order as prayed for, on condition that the petitioner executes a registered document cancelling Ext.P5, with Mr.C.J.Glenny as a witness to the execution of that document.” Thereafter, it was reported that the power of attorney in favour of Mr.Glenny was cancelled. The writ petition is hence disposed of in terms of the above interim order making it cleat that in the event of violation of any of the licence conditions, it will be open to the first respondent to take appropriate action against the petitioner in accordance with law. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.20594 of 2004 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.