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2026 Supreme(Online)(Ker) 10073

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
M/S BANASURA FUELS PADINJARETHARA P.O., WAYANAD, REPRESENTED BY ITS PROPRIETOR, MR. JOSE MATHEW – Appellant
Versus
INDIAN OIL CORPORATION KOZHIKODE DIVISIONAL OFFICE – Respondent


Advocates:
For the Appellants/Petitioners: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.)
For the Respondents: SRI.N.ANAND, SRI.RAJESH O.N., SRI.AMEER SALIM, DR.THUSHARA JAMES, SMT.NISHA GEORGE, SRI.M.S.AMAL DHARSAN, SHRI.NOEL JACOB, SRI.GEORGE POONTHOTTAM (SR.)

JUDGMENT

[WP(C) Nos.19573/2025 & 39561/2025]

1. Since these Writ Petitions relate to the same Petroleum Retail Outlet, I dispose of these Writ Petitions by a common judgment.

2. W.P.(C) No.39561/2025 is filed by the landowners of the property in which the Petroleum Retail Outlet is functioning. W.P.(C) No.19573/2025 is filed by the Dealer who has been conducting the Petroleum Retail Outlet of the Respondent No.1/Oil Marketing Company in both the Writ Petitions.

3. The contention of the Petitioners in W.P.(C) No.39561/2025 is that the lease period of 20 years as per Ext.P1 registered Lease Deed dated 16.02.2004 expired on 03.01.2025 and hence the Respondents are liable to be directed to vacate the leased premises. The Health Department of the State as well as the Grama Panchayat concerned have issued Exts.P6 & P7 Notices threatening coercive action, alleging waterlogging and water contamination on account of the conduct of the outlet.

4. The prayer in W.P.(C) No.19573/2025 filed by the Dealer is to direct the Respondent - Oil Marketing Company to take a decision on Ext.P6 Application submitted by the Petitioner for shifting and re-sitement of the Petroleum Retail Outlet from the presen

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