IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 WP(C).No. 9733 of 2011(N) ------------------------- PETITIONER: --------------- SHAMSUDHEEN,S/O.CHUNDEKATIL KHADAR, AGED 48 YEARS,PROPRIETOR,GLAMOUR FUELS, VELLANGALLOOR.P.O,THRISSUR-680662. BY ADV. MR. K.S.BHARATHAN RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,FOOD & CIVIL SUPPLIES DEPARTMENT,GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR,THRISSUR, PIN-680001. 3. THE DISTRICT SUPPLY OFFICER, THRISSUR-680 001. 4. BHARATH PETROLEUM CORPORATION LTD, KOCHI LPG TERRITORY OFFICE,AMBALAMUGHAL, KOCHI-682302. 5. SHAMSUDHEEN.C.A,S/O.ABDU, CHEENIKKAPPURATH HOUSE,VELLANGALLOOR.P.O, THRISSUR-680662. R1 TO R3 BY SENIOR GOVERNMENT PLEADER MR. P. N SANTHOSH R4 ADV. MR. E.K.NANDAKUMAR MR. A.K.JAYASANKAR NAMBIAR MR. K.JOHN MATHAI MR. P.BENNY THOMAS FOR R4 MR..P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 9733 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 23rd day of May , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. to issue a writ, order or direction commanding and compelling the 2nd respondent to follow the norms in terms of sales volume for issuing No Objection Certificate for opening of new petroleum outlets as communicated under Exts. P2 to P4. ii. to declare that the proposal of establishment of new petroleum retail outlets in violation of the norms prescribed in Exts. P2 to P4, near to the existing petroleum retail outlet of the petitioner is illegal, arbitrary and offending the legitimate expectation and the constitutional guarantees under Articles 14, 19 and 21 of the Constitution of India. iii. To issue a writ in the nature of mandamus commanding the 2nd respondent to take up Ext. P5 with notice to the petitioner as well as the 5th respondent, hear them and pass appropriate orders in compliance with Exts. P2 to P4 within a time frame that this Hon'ble Court may be pleased to direct. iv. Pass such other writ order or direction in the interest of justice as this Hon'ble Court may deem just and fit in the facts and circumstances of the case. 2. Today, exactly similar issue as involved in this case has been decided by this Court in W.P.(C) No. 1016 of 2010 and connected cases. The legal position has been answered against the petitioner, holding that the writ petition is not maintainable. W.P. (C) No. 9733 of 2011 : 2 : In the said circumstances, this Writ Petition is also dismissed in terms of the judgment in W.P.(c) No. 1016 of 2010 and connected cases. P. R. RAMACHANDRA MENON, JUDGE - kmd