SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Online)(KER) 33061

HIGH COURT OF KERALA
Sathish Ninan, JOHNSON JOHN, JJ
ROSY JACOB – Appellant
Versus
BHARATH PETROLEUM CORPORATION LTD – Respondent


Advocates:
V.M.KRISHNAKUMAR, NISHA GEORGE, GEORGE POONTHOTTAM (SR.), KIRAN M.S., GOPIKRISHNAN NAMBIAR, P.R.REENA(K/000510/1998), K.JOHN MATHAI(K/413/1984), JOSON MANAVALAN(J-526), KURYAN THOMAS(K/131/2003), PAULOSE C. ABRAHAM(MAH/58/2006), RAJA KANNAN(K/356/2008), NAYANPALLY RAMOLA(K/687-F/2014)

J U D G M E N T

Sathish Ninan, J.

The issues involved in these proceedings relate to :

(i) Challenge against suspension of licence under the Petroleum Act ;

(ii) Challenge against cancellation of registration under the GST Act; and, (iii) Eviction of the licensee and occupant from the premises.

2. An extent of 27.88 cents of property situated in Re-

survey Nos.70/5B and 105/3 of Mannarghat Village, belonged to one V.K. Kunhunni Sahib, who is the predecessor-in- interest of the petitioner in W.P.(C) No.38643/2023 (hereinafter referred to as “the landowner”). As per a lease deed dated 30.01.1964, the property was granted on lease by the landowner to M/s Burmah-Shell Oil Storage and Distributing Company of India Ltd., for a period of 20 years from 01.12.1963. The purpose of the lease was to conduct a 2024:KER:75777 -: 2 :-

retail petroleum outlet.

3. Consequent to the Burmah Shell (Acquisition of Undertaking in India) Act, 1976 the rights of M/s Burmah Shell became vested with M/s Bharat Petroleum Corporation Ltd. (hereinafter referred to as “the licensee”). On the strength of the licence issued in favour of the licensee under the Petroleum Rules, the appellant in the appeals is running the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top