IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 2579 of 2006(F) ------------------- PETITIONER : --------------------- NAVAKUMAR K., KOOPUKATILVEEDU, NELLIMOODU, KULATHUPUZHA. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): -------------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PETROLEUM & NATURAL GAS, NEW DELHI. 2. THE JOINT CONTROLLER OF EXPLOSIVES, CHENNAI. 3. THE INDIAN OIL CORPORATION, IRUMPANAM, COCHIN, REP. BY ITS TERRITORY MANAGER. 4. THE DISTRICT COLLECTOR, KOLLAM. 5. JOHNSON, KOCHUPUTHENPURAKKAL BUNGLOW, ALENCHERY P.O., ANCHAL, KOLLAM. 6. KULATHUPUZHA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOLLAM DISTRICT. R1 & R2 BY ADVS. SMT.S.AMBIKA DEVI, ADDL.CGSC FOR R1 SRI.C.S.AJITH PRAKASH, CGC SRI.THOMASMATHEW NELLIMOOTTIL R3 BY ADVS. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE, SC SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR R4 BY GOVT. PLEADER SRI. ANTONY MUKKATH R5 BY ADVS. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE SRI.BINDU SREEKUMAR R6 BY ADV. SRI.C.J.JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2579 of 2006(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 16.05.05 BY THE 4TH RESPONDENT. EXT.P2 : COPY OF THE MAP SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 6TH RESPONDENT. EXT.P3 : COPY OF THE REPRESENTATION DATED 27.12.05 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P3(a) : COPY OF THE REPRESENTATION DATED 27.12.05 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P3(b) : COPY OF THE REPRESENTATION DATED 03.01.06 SUBMITTED BEFORE THE 6TH RESPONDENT. EXT.P4 : COPY OF THE REPRESENTATION DATED 10.01.06. RESPONDENT'S EXHIBITS: EXT.R5(1) : COPY OF LICENCE NO. KP5/05/192 DATED 30-1-06 ISSUED TO THE 5TH RESPONDENT BY KULATHUPUZHA GRAMA PANCHAYAT. EXT.R5(2) : COPY OF NO OBJECTION CERTIFICATE NO. M7-47754/05/D.DIS. DATED 13-12-05 OF THE DISTRICT COLLECTOR, KOLLAM. EXT.R3(a) COPY OF THE POLICY CIRCULAR NO. 74-10/2004 DATED 2ND NOVEMBER 2004 ISSUED BY THE 3RD RESPONDENT COMPANY. //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.2579 of 2006 ---------------------------------------------- Dated this the 4th day of August, 2011 JUDGMENT The petitioner is a resident of Kulathupuzha in Kollam District. He is aggrieved by the establishment of a Kissan Seva Kendra by the 3rd respondent with the 5th respondent as the dealer on the ground that it is in violation of Ext.P1 notification issued by the 3rd respondent inviting applications for establishment of the Kissan Seva Kendra. According to the petitioner, Ext.P1 contemplates only a Kissan Seva Kendra and not a petrol pump which was actually what was established. 2. The Indian Oil Corporation has filed a counter affidavit stating that the Kissan Seva Kendra includes a petrol pump as well for distribution of petroleum products to agriculturists for agricultural purposes. Insofar as the petitioner does not have a case that the establishment of the Kissan Seva Kendra is in violation of any statutory rules and in fact in all Kissan Seva Kendra, there is also provision for supply of petroleum products, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner and accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.2579/06 2 W.P.(C)No.2579/06 3