IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 24121 of 2008(S) -------------------------------- PETITIONER: -------------- JANA SAKTHI, REP. BY ITS GENERAL SECRETARY, M.D.ISSAC, MELEKUNNEL HOUSE, KAITHAPOYIL PO., KOZHIKODE. BY ADV. SRI.K.J. ALPHONS KANNANTHANAM SRI.AKBAR.K.A RESPONDENT: ---------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE LEVEL CO-ORDINATOR, (KERALA & LAKSHADWEEP), M/S.INDIAN OIL CORPORATION LTD., PANAMPILLY NAGAR, KOCHI - 682 036. 3. THE PRESIDENT, ALL KERALA FEDERATION OF PETROLEUM DEALERS, OFF.MARUTHI BUILDING, PROVIDENCE ROAD, KOCHI - 682 018. ADV. SRI.K.JAJU BABU FOR R3 SMT.M.U.VIJAYALAKSHMI FOR R3 SRI.T.R.SADEESAN FOR R3 SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SRI.K.JOHN MATHAI FOR R2 SRI.P.BENNY THOMAS FOR R2 SRI.ANIL D. NAIR FOR R2 SRI.V.J.ANAND FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24121/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the NEWS ITEM PUBLISHED IN THE “HINDU” DTD.3.8.08 REPORTING THE PRESS CONFERENCE CONDUCTED BY 3RD RESPONDENT. EXT. P2 : COPY OF the NOTICE ISSUED BY THE FEDERATION OF the PETROLEUM DEALERS TO INDIAN OIL CORPORATION. EXT. P2(a) : TRUE TRANSLATION OF THE ABOVE NOTICE. EXT. P3 : COPY OF THE GROWTH OF MARKET SHARE OF THE PUBLIC SECTOR OIL COMPANIES FOR THE MONTH OF JULY, 2008. EXT. P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2 DATED 04.08.08. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF COMMUNICATION No.CDO/R/5210 DATED 25.6.1990 ISSUED BY the INDIAN OIL CORPORATION LTD. EXT. R3(b) : COPY OF COMMUNICATION No.CDO/R.5210 DATED 10.7.1990 ISSUED BY THE INDIAN OIL CORPORATION LTD. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------ W.P.(C). No.24121 OF 2008 ------------------------------------------ Dated this the 23rd day of January, 2009. J U D G M E N T Kurian Joseph, J. This writ petition was filed in public interest mainly with the following prayers: i) Issue a writ in the nature of mandamus or any other order or direction, directing the 1st respondent to take action against the members of the 3rd respondent Federation, who contravenes the provisions of the Kerala Petroleum Products Dealers Licensing Order, 1981. ii) Issue a writ of mandamus or any other writ, order or direction, commanding the 1st respondent to take action against the members of the third respondent who is threatening to shut down the Petrol pumps at 8 p.m on week days and on Sundays. It is seen that the impugned order itself has been struck down by judgment dated 05.12.2008 in W.P.(C) No.27738/2008 and that judgment has become final. We agree with the reasoning and finding of the learned Single Judge referred to above. W.P.(C). No.24121/08 2 Therefore, this writ petition is dismissed. However, we make it clear that we have not adverted to the contention regarding the working hours of the petrol pumps and that issue is left open. KURIAN JOSEPH JUDGE P.R. RAMACHANDRA MENON JUDGE smp W.P.(C). No.24121/08 3 KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. W.P.(C). No.24121 OF 2008 J U D G M E N T 23.01.2009