S.Prathima v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Prathima ..

Appellant Vs.

1. Union of India Ministry of Petroleum and Natural Gas New Delhi.

2. The Chief General Manager Indian Oil Corporation Southern Region Office Indian Oil Bhavan 139, Uthamar Gandhi Salai Chennai 600 034.

3. The General Manager (LPG Sales) Indian Oil Corporation Marketing Division Indane Area Office 500, Anna Salai, Teynampet Chennai 600 018.

4. N.Kuppan

5. N.Swetha ..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 17.04.2023 made in W.P.No.88 of 2023. For the Appellant : Mr.N.L.Rajah For Mr.S.Arunkumar For the Respondents : Mr.K.Ramamoorthy Central Govt. Standing Counsel for Respondent-1 Mr.M.S.Krishnan Senior Counsel For Mr.Mohd. Fayaz Ali for Respondents 2 & 3 Mr.J.Srinivasa Mohan for Respondents 4 & 5

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.N.L.Rajah, learned Senior Counsel for Mr.S.Arunkumar, learned counsel for the appellant, Mr.K.Ramamoorthy, learned Central Government Standing Counsel for the first respondent, Mr.M.S.Krishnan, learned Senior Counsel

for Mr.Mohd. Fayaz Ali, learned counsel for the respondents 2 and 3 and Mr.J.Srinivasa Mohan, learned counsel for the respondents 4 and 5.

2. Learned Senior Counsel for the appellant submits that in spite of the fact that status quo order was passed, the authority proceeded with and passed an order on 02.06.2023.

3. Learned Senior Counsel requests that he may be permitted to withdraw the appeal with liberty to challenge the order dated 02.06.2023.

4. The order dated 02.06.2023 is a subsequent event. The same can be challenged as may be permissible under law.

5. Learned Senior Counsel submits that he would also file a contempt petition.

6. It is for the parties to take steps as may be permissible

under law.

7. In the light of the above, the writ appeal is dismissed as withdrawn. The appellant may take up the proceedings against the order dated 02.06.2023 as may be permissible under law. There will be no order as to costs. Consequently, C.M.P.Nos.9760, 9763 and 9904 of 2023 are also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 07.08.2023 Index : Yes/No kpl To

1. Union of India Ministry of Petroleum and Natural Gas New Delhi.

2. The Chief General Manager Indian Oil Corporation Southern Region Office Indian Oil Bhavan, 139, Uthamar Gandhi Salai Chennai 600 034.

3. The General Manager (LPG Sales) Indian Oil Corporation Marketing Division, Indane Area Office

500, Anna Salai, Teynampet Chennai 600 018.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 07.08.2023