IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 9760 of 2011(T) ------------------------------------ PETITIONER(S): ------------------------ JAYAKUMAR. K.G., IOC DEALER, KARAVATTETHOTTATHIL AUTO FUELS, NEAR POLICE STATION, RAMAMANGALAM, ERNAKULAM-686 663. BY ADV. SRI.P.B.SAHASRANAMAN, SRI.K.JAGADEESH, SRI.T.S.HARIKUMAR. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. BHARATH PETROLEUM CORPORATION LTD., IRUMPANAM INSTALLATION, KOCHI-682 309, REPRESENTED BY TERRITORY MANAGER (RETAIL). 3. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM-682 030. 4. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, SASTHRI BHAVAN, NEW DELHI-110 001. R1 & R3 BY GOVT. PLEADER MR.T.K. ARAVINDKUMAR BABU. R2 BY ADV. SRI.E.K.NANDAKUMAR, SC, BPC, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH. R4 BY ADV. MR.P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 9760 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ROUGH SKETCH SHOWING THE LIE AND LOCATION OF THE VARIOUS PETROL OUTLETS. EXT.P2: COPY OF THE RELEVANT PAGES OF ADVERTISEMENT ISSUED BY THE 2ND RESPONDENT, WHICH APPEARED MATHRUBHOOMI, DATED 13/09/2010. EXT.P3: COPY OF THE MINUTES OF THE MEETING HELD ON 28/07/2010. EXT.P4: COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DATED 13/10/2010. EXT.P5: COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 23/03/2011. EXT.P6: COPY OF THE INTERIM ORDER PASSED IN WP(C) NO. 37417/2010, DATED 17/12/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 9760 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The prayers in the writ petition are as noted below : i. To issue a writ direction or order in the nature of Certiorari calling for records leading to Ext. P2 and quash the same so far as it proposed to start petroleum outlet as per Serial No. 86 at Poothrikka and Serial No. 104 Ooramana in Ernakulam District. ii. To issue a writ direction or order in the nature of mandamus directing the 3rd respondent not to issue NOC to any petroleum dealer without complying with Exts P3 and P4. iii. To issue a direction to the 3rd respondent to consider and pass appropriate orders on Ext. P5. 2. Exactly similar issue as involved in this case had come up for consideration before this Court in W.P.(C) 1016 of 2010 and connected cases, which was dealt in detail and all the writ petitions were dismissed as per the judgment dated 23.05.2011. In the said circumstances, this Writ Petition is also fails and it is dismissed in tune with the common judgment as aforesaid. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge