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High Court of KeralaWP(C)/16952/2006dismissed

K.V.Velayudhan v. The Territory Manager

2015-11-12Honourable Mr.Justice A.M.Shaffique2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 16952 of 2006 (R) ---------------------------- PETITIONER(S):

-------------------------- K.V.VELAYUDHAN, PROPRIETOR, M/S.VIJAI AGENCIES, DELAER IN BHARATH PETROLEUM CORPORATION LIMITED, FISHING HARBOUR, BEYPORE M KOZHIKODE 673 015.

BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENT(S):

----------------------------

1. THE TERRITORY MANAGER(RETAIL), BHARATH PETROLEUM CORPORATION LTD., CANANNOORE KERALA.

2. THE REGIONAL MANAGER, BHARATH PETROLEUM CORPORATION LTD.

RENGANATHAN GARDENS, ANNA NAGAR, CHENNAI 600 040. R & R1 BY SRI.N.N.SUGUNAPALAN, SC, BPC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, ALONG WITH WPC. 17860/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

avk

A.M.SHAFFIQUE, J.

--------------------------------------- W.P.(C).No. 16952 of 2006 ---------------------------------------- Dated this the 12th day of November, 2015

JUDGMENT

It is submitted by the learned counsel for the petitioner that the petitioner has expired and the cause of action does not survive the legal heirs. However it is submitted that the security deposit due to the deceased dealer is still with the Bharat Petroleum Corporation. If the legal heirs of the deceased has any claim in respect of the said amount, it is always open for them to approach the oil company and seek for refund of the security deposit or any other amount due to the deceased. Hence writ petition is dismissed as abated.

Sd/- A.M.SHAFFIQUE JUDGE //TRUE COPY// PA TO JUDGE avk