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2016 Supreme(Ker) 321

SHAJI P.CHALY
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
State of Kerala, Represented by Its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: E.K. Nandakumar SR, P. Gopinath, P. Benny Thomas, K. John Mathai, Joson Manavalan, Kuryan Thomas, M. Gopikrishnan Nambiar
For the Respondents: K.A. Sanjeetha

JUDGMENT :

1. This writ petition is filed by the petitioner seeking to declare that petitioner's trade mark on Tank Trucks under contract with the petitioners, evident from Ext.P1 series of photographs does not amount to advertisement or exhibition of the advertisement as envisaged under Rule 191 of the Kerala Motor Vehicles Rules, 1989 [hereinafter called the 'KMV Rules'] and also to quash Ext.P12 by which it was held that petitioner is liable to pay advertising charges as provided under Rule 191 of the KMV Rules, and for other related reliefs.

2. Shorn of unnecessary details, material facts for the disposal of the writ petition are thus:

3. Petitioner is a Public Sector Oil Marketing Company involved in refining and retail sale of petroleum products such as petrol, diesel, auto LPG, cooking LPG etc., which are commodities under the Essential Commodities Act, 1955. Petitioner has set up a Terminal for storage and supply of petroleum products to retail outlets, at Irumpanam in Ernakulam District, which has commenced its operation in the year 2004. Petitioner has also a storage depot at Elathur, Calicut. From the Irumpanam Terminal and Elathur Depot, petroleum products including Aviati



































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