IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 24097 of 2008(S) -------------------------- PETITIONER: --------------- M.R.BIJU. MEPPURATH HOUSE, NELLIKKAL MURI, KOIPURAM PO., THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI.ABRAHAM SAMSON SRI.P.T.JINS SMT.LOVELY SAMSON RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE LEVEL CO.OPDINATOR, (KERALA AND LAKSHADWEEP), M/S.INDIAN OIL CORPORATION LTD., PANAMPILLY NAGAR, KOCHI-682 036. 3. PRESIDENT, ALL KERALA FEDERATION OF PETROLEUM DEALERS OFF. MARUTHI BUILDING PROVIDENCE ROAD, KOCHI-682018. 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 GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.24097/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN HINDU DAILY DATED 3-8-2008. EXT.P2. TRUE COPY OF THE UPWARD SALES AND GROWTH MARKET SHARE OF THE PUBLIC SECTOR OIL COMPANIES FOR THE MONTH OF JULY 2008. EXT.P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 4-8-2008. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF COMMUNICATION NO.CDO/R/5210 DATED 25/6/1990 ISSUED BY THE INDIAN OIL CORPORATION LTD. EXT.R3(b) TRUE COPY OF COMMUNICATION NO.CDO/R.5210 DATED 10-7-1990 ISSUED BY THE INDIAN OIL CORPORATION LTD. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.P.(C) No.24097 of 2008 ---------------------------------------------- Dated 27th January, 2009. J U D G M E N T Kurian Joseph, J. This writ petition is filed in public interest mainly with the following prayers: i) “To issue a writ in the nature of mandamus or any other appropriate writs, orders or directions directing the 1st respondent to enforce the Kerala Petroleum Products Dealers Licensing Order, 1981. (ii) That, issue a writ in the nature of mandamus or any other order or direction, directing the first 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.” 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. Therefore, this writ petition is dismissed. However, we make it clear that we have not adverted to the contention WP(C) NO.24097/08 2 regarding the working hours of the petrol pumps and that issue is left open. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.P.(C) No.24097 of 2008 ---------------------------------------------- J U D G M E N T Dated 27th January, 2009.