IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 25503 of 2006(J) -------------------------- PETITIONER: --------------- SAJUMON K., PROPRIETOR, K.K.FUELS, K.K.ROAD, KODUNGOOR, KOTTAYAM DISTRICT. BY ADV. MR. PHILIP T.VARGHESE MR. THOMAS T.VARGHESE RESPONDENTS: --------------- 1. INDIAN OIL CORPORATION LTD., G9 ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI-400 051, REP. BY ITS MANAGING DIRECTOR. 2. THE SENIOR DIVISIONAL RETAILS SALES MANAGER, INDIAN OIL CORPORATION LTD., PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., COCHIN-682 036. 3. THE DEPUTY GENERAL MANAGER, INDIAN OIL CORPORATION LTD., PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., COCHIN-682 036. BY MR. E.K.NANDAKUMAR, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 25503 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE LETTER NO. CDO : R: KTM 22 DATED 17.07.06 ISSUED BY THE 3RD RESPONDENT. EXT. P2 : TRUE COPY OF THE APPELLATE ORDER DATED 16.09.2006 EXT. P3 : TRUE COPY OF THE NOTICE DATED 23.09.2006 ISSUED BY THE 2ND RESPONDENT. EXT. P4 : TRUE COPY OF THE MS STOCK STATEMENT OF PETITIONER'S OUTLET FOR FEBRUARY 2006 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 25503 of 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th September , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ of mandamus or any other appropriate writ or direction to the respondents to take proper sample from the Motor Spirit stock in the petitioner's Retail Outlet at Kodungoor in the presence of the petitioner and to have the sample tested in an independent laboratory to ascertain its quality before the removal of stock from the Outlet. ii. pass such other orders, interlocutory or otherwise, which are deemed fit and proper to meet the ends of justice and iii. allow this Writ Petition with costs. 2. When the matter came up for consideration on 27.09.2006, the following order was passed. “Standing counsel taken notice on behalf of the respondent. The respondents are directed to take samples of MS from the petitioner's stock and test it with the facility available with the respondents as is usually done, pending further orders in the writ petition.” 3. The learned counsel appearing for the respondent submits that the earlier writ petition filed by the petitioner challenging the termination of the dealership and the consequential proceedings by W.P. (C) No. 25503 of 2006 : 2 : way of W.P.(C) 25192 of 2006 have become final in so far as interference was declined and the said writ petition was dismissed as per judgment dated 2nd November, 2006. That apart, it is also brought to the notice of this Court that the outlet is no more being operated by the petitioner and that the interim order passed by this Court on 27.09.2006 has already taken care of the requirement. In the above circumstances, no further orders are called for and the Writ Petition is closed accordingly. Sd/ P. R. RAMACHANDRA MENON, JUDGE kmd