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2022 Supreme(Ker) 738

MURALI PURUSHOTHAMAN
T. M. BIJU S/O MADHAVAN – Appellant
Versus
INDIAN OIL CORPORATION LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: BALU TOM, M. RAMESH CHANDER, BONNY BENNY, GOVIND G. NAIR, BEJOY JOSEPH P.J.
For the Respondents: M. GOPIKRISHNAN NAMBIAR, RAMOLA NAYANPALLY, K.P. HARISH, S. KRISHNA PRASAD, SINDHU S. KAMATH, SWAPNA S.K., ROHINI NAIR, K. JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN, SURAJ KUMAR D.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner was allotted retail outlet dealership of a petrol pump owned and operated by Indian Oil Corporation Ltd. (‘IOC’ for short) within the territorial area of Kuthuparamba Municipality (hereinafter referred to as the ‘Municipality’) as per Ext.P1 letter of intent, under the scheduled caste category. This retail outlet was being operated by respondents 3 and 4 and later, the IOC terminated the said contract and the petitioner is conducting the retail outlet from 2009. The petitioner intimated the IOC regarding suspected leakage of tank containing Motor Spirit (petrol) and the IOC, on inspection, noticed that there is leakage and started construction of a concrete fencing to insert the storage tank. While the work was in progress, the Municipality issued Ext.P4 notice to the petitioner and the IOC, directing them to stop the construction as it has been reported that the construction of the concrete tank in the outlet is being carried out without the permission of the Municipality. It is further stated therein that, if the unauthorised construction is not stopped, action will be taken as per the Kerala Municipality Building Rules, 2019 (f

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