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2021 Supreme(Ker) 661

P.B.SURESH KUMAR
Association of LPG Distributors in Kerala, represented by its Secretary, Mr. Eldho Philip, S/o. Philip – Appellant
Versus
Indian Oil Corporation, Rep. by the Chief General Manager (LPG - Sales) – Respondent


ORDER :

Petitioner, though styled as an association in the writ petition, is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (the Act). The members of the petitioner society are distributors of Liquefied Petroleum Gas in the State and they seek in the writ petition, for the benefit of its members, directions to the respondents to implement Ext.P1 guidelines formulated by the oil marketing companies.

2. The registry insisted the petitioner to produce a list of its members and remit court fee for all of them treating the writ petition as one instituted by the members jointly. The counsel for the petitioner took exception to the said stand of the registry pointing out that since no relief is sought in the writ petition individually for any of the members of the petitioner, the writ petition cannot be treated as one instituted jointly by the members of the petitioner.

3. In the light of the aforesaid stand of the counsel for the petitioner, the registry placed the matter before the court for an adjudication as to the sustainability of the stand taken by the counsel for the petitioner to the defect noted by the registry.

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