IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Con.Case(C).No. 1136 of 2011(S) ------------------------------- AGAINST THE JUDGEMENT IN WA.855/2011 .................... PETITIONER: --------------- P.J.JENSON, M/S PALATHINKAL AUTO FUELS AND SERVICES, HPCL DEALER, THRISSUR ROAD IRINJALAKUDA. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): --------------- 1. T.DINESH, AGE & FATHER'S NAME NOT KNOWN, MANAGER (ENGINEERING) HINDUSTAN PETROLEUM CORPORATION LTD KOZHIKODE REGION, ELATHUR PO, KOZHIKODE 673 303. 2. JACOB BRIAN.A., AGE & FATHER'S NAME NOT KNOWN, CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD, KOZHIKODE REGION, ELATHUR PO, KOZHIKODE 673 303. BY ADV. SRI.E.K.NANDAKUMAR, SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE A1: TRUE COPY OF INTERIM ORDER OF THIS HON'BLE COURT IN W.A. NO.855/2011 DT.23.6.2011. ANNEXURE A2: TRUE COPY OF IA NO.427/2011 IN WA NO.855/2011 FILED ON 28.6.2011. ANNEXURE A3: TRUE COPY OF JUDGMENT IN W.A.NO.855/2011 DT.19.10.2011. ANNEXURE A4: TRUE COPY OF ACTUAL PHOTOGRAPHS OF THE STATUS OF THE SITE ON 19.10.2011. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... C.O.C. No.1136 of 2011 .................................................................... Dated this the 4th day of November, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Contempt is filed on allegation of violation of interim orders of stay passed by this court. At admission stage Standing Counsel for respondents appeared and submitted that there is no violation of the judgment as such because fully completed and operational pumps are allowed to function subject to certain conditions. We find force in this contention because if the operation of the new pump leads to business loss to the neighbouring existing pump, then petitioner's interest stand protected with the direction issued in the judgment that the closure should be of the new one and not the old one. We close this Contempt case leaving it open to the petitioner to approach this court with details of sales and loss in business in his outlet for us to examine whether the 2 petitioner's operation has become unviable and if so, the relief that could be granted to the petitioner. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms