IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Con.Case(C).No. 1302 of 2011(S) ------------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.9595/2010 Dated 10/01/2011 .................... PETITIONER(S): PETITIONER -------------------------------------------- C.S.THILAKAN, S/O.SUDHAKARAN, CHETTUPUZHA HOUSE, KOZHIKKADA, P.O.PULLUT, KODUNGALLUR, WORKING AS THE SECRETARY, APPLICANTS AND CONSUMERS FORUM, REG.NO.526.96, LAKSHMI WATCH HOUSE, EAST NADA, KODUNGALLUR, THRISSUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): 3RD RESPONDENT IN W.P[C] ---------------------------------------------------------------------- 1. SRI. PANDYAN, THE GENERAL MANAGER, AGE NOT KNOWN, S/O.NOT KNOWN TO THE PETITIONER, INDIAN OIL CORPORATION LTD., KERALA STATE OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR.P.O., KOCHI-24. 2. SRI .C.SIVADAS, THE SENIOR AREA MANAGER, AGE NOT KNOWN, S/O.NOT KNOWN TO THE PETITIONER, INDIAN OIL CORPORATION LTD., AREA OFFICE, 2ND FLOOR, PMK TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE.PIN- 673 001. R2 BY ADV. SRI.E.K.NANDAKUMAR,SC SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts COC.NO.1302/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE JUDGEMENT IN WP(C)NO.9595 OF 2011 DATED 10/1/2011. ANNEX B COPY OF THE LETTER DATED 9/3/2011. ANNEX C COPY OF THE LETTER DATED 26/5/2011. ANNEX D COPY OF THE LETTER DATED 7/6/2011. ANNEX E COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 16/7/2011 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N.RAVINDRAN, J. ----------------------------------------- Contempt Case (C).No.1302 of 2011 ----------------------------------------- Dated this the 13th day of December, 2011 JUDGMENT This contempt case is filed alleging that the respondents have willfully disobeyed the directions issued by this Court in Annexure A judgment delivered on 10.1.2011 in W.P.(C)No.9595 of 2011. It is contended that though this Court had directed the respondents to finalise the selection process and to appoint an additional LPG distributor at Kodungallur expeditiously and in any event within four months from 10.1.2011 a dealer has not been appointed so far. 2. When this contempt case came up for hearing on 2.12.2011 Sri.E.K.Nandakumar, learned standing counsel appearing for the Indian Oil Corporation sought time to get instructions. When the contempt case came up for admission hearing today, Sri.E.K.Nandakumar, learned standing counsel appearing for the Indian Oil Corporation, submitted that though an empaneled list of three candidates was prepared after interview, the first two candidates withdrew and the third ranked Cont.Case(C).No.1302 of 2011 -:2:- candidate was found ineligible in view of the fact that the site offered by him to locate the godown was found to be unsuitable having regard to the change in the Building Rules, which require a 7 metre wide road to provide access to such establishments. The learned standing counsel submitted that as per the guidelines governing the appointment of LPG distributors, if the first three candidates in the empaneled list are found ineligible, a fresh notification will have to be issued and therefore, it cannot be said that the respondents have willfully disobeyed the directions issued by this Court in Annexure A judgment. The learned standing counsel also submitted that the respondents will take steps to issue a fresh notification inviting application for appointment as LPG distributor at Kodungallur. In the light of the facts stated above it cannot be said that the respondents have willfully disobeyed the directions issued by this Court. The contempt of court case is accordingly closed with a direction to the respondents to take steps to issue a fresh notification to appoint an additional LPG distributor at Kodungallur expeditiously. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- Cont.Case(C).No.1302/2011 ---------------------------- JUDGMENT 13th December, 2011