ORDER :

(Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 3rd respondent in Ref.No.TNL/S/516, dated 17.01.2005 quash the same and direct respondents 1 to 3 to restore LPG Distributorship at Nagercoil granted to the petitioner's father Late N.Gopalakrishnan Pillai, freedom fighter during 19.09.1994 to the petitioner.

Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceeding of the third respondent made in Ref.No.TNL/S/516, dated 17.01.2005 and quash the same and direct the second respondent herein to pass orders in terms with the Apex Court order in C.A.No.6517 of 2001 dated 19.11.2003 after affording opportunity to all the legal heirs.)

1. WP.No.9207 of 2008: The order of cancellation cancelling the LPG Distributorship granted in favour of deceased one Mr.N.Gopalakrishna Pillai, Freedom Fighter is under challenge in the present writ petition. The writ petitioner is the son of the original allottee and has filed the writ petition claiming that the LPG Distributorship should be transferred in his name.

2. It is not in dispute that the father of the writ petitioner Late Mr.N.Gopalakrishna Pillai was granted LPG Distributorship by the first respondent, Indian Oil Corporation under the Freedom Fighters quota. The father of the writ petitioner associated the fourth respondent Smt.B.Krishnakumari, who is none other than the grand daughter of the allottee in the business as Partner. However, the deceased allottee terminated the partnership with the fourth respondent on 03.05.1999. Consequent to the termination of the partnership, the Indian Oil Corporation invoked the terms and conditions of the allotment and suspended the distributorship on 14.05.1999. Thereafter, Writ Petitions, Writ Appeals and Special Leave Petitions were filed elaborating all these litigations became unnecessary in view of the fact that the original allottee Mr.N.Gopalakrishna Pillai admittedly died on 14.06.2004. After a lapse of four years from his death, the present writ petition is filed by the petitioner, who is the son of the original allottee challenging the cancellation order passed by the Indian Oil Corporation in proceeding dated 17.01.2005.

3. It is to be noted that the original allottee and Freedom Fighter Late Mr.N.Gopalakrishna Pillai died on 14.06.2004 and the order of cancellation of allotment was passed by the first respondent/Indian Oil Corporation on 17.01.2005 and the writ petition was filed on 10.04.2008 after a lapse of three years from the date of passing of the cancellation order.

4. It is contended that the very same petitioner filed another writ petition in W.P.No.28492 of 2004 immediately after the death of his father and the impugned order of cancellation was passed during the pendency of the writ petition. Even, in such circumstances, this Court is of an opinion that either the prayer in the earlier writ petition filed in W.P.No.28492 of 2004 should have been amended or a fresh writ petition would have been filed immediately after passing of the impugned order in the year 2005. However, the learned counsel for the writ petitioner drew the attention of this Court with reference to the reasons given for delay in filing of the present writ petition by the petitioner.

5. The reasons stated in paragraph-11 of the affidavit reveals that when the Miscellaneous Petition came up for hearing in the said writ petition, the learned counsel for Indian Oil Corporation served a copy of the impugned proceedings dated 17.01.2005 passed by the third respondent terminating the distributorship and the petitioner received the copy of the order only after it was served on his counsel on 19.03.2008. Thereafter, the present writ petition is filed.

6. Such a reason seems to be correct in view of the fact that the impugned o