Rajeesh v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 W.P.(C).No.30390 of 2010 (W) ----------------------------------------------------- PETITIONER(S):- -------------------------- RAJEESH A.K., AGED 31 YEARS, S/O.KUNJIRAMAN, ADUKATTU HOUSE, THIMIRI P.O., TALIPARAMBA, KANNUR DISTRICT, PIN-670 581.

BY ADV. SMT.R.RAJASREE.

RESPONDENT(S):- --------------------------

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, SASTHRI BHAVAN, NEW DELHI-1.

2. THE TERRITORY MANAGER, HINDUSTAN PETROLEUM LIMITED, EALTHUR, CALICUT-670 581.

3. DISTRICT COLLECTOR, KASARAKOD R1 BY ASSISTANT SOLICITOR GENERAL OF INDIA SRI.N.NAGARESH. R2 BY ADVS. SRI.E.K.NANDAKUMAR (SENIOR ADVOCATE), SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH R3 BY GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, ALONG WITH WPC. 36327/2010-M & WPC. 36328/2010-M, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

W.P.(C).NO.30390 OF 2010-W APPENDIX PETITIONER'S EXHIBITS:- -------------------------------------- EXT.P1 TRUE COPY OF THE LETTER OF INTENT ISSUED IN FAVOUR OF THE PETITIONER.

EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 30.10.2008 OF THE HON'BLE MINISTER FOR PETROLEUM AND NATURAL GAS. EXT.P3 TRUE COPY OF THE ADVERTISEMENT IN HINDU DAILY DATED 18.06.2010.

EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 15.07.2010. RESPONDENT'S EXHIBITS:- --------------------------------------- NIL.

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K. Vinod Chandran, J -------------------------------------------------- W.P.(C).Nos.30390 of 2010-W, 36327 of 2010-M & 36328 of 2010-M -------------------------------------------------- Dated this the 28th day of May, 2015

JUDGMENT

The above writ petitions were filed by the existing dealers of the respondent-Corporation, challenging a notification for grant of new retail outlets in the vicinity of their dealership. A learned Single Judge had found against their locus standi in Mary Ulahannan v. Union of India [2011 (3) KLT 570], which has been upheld by a Division Bench in W.A.No.1169 of 2013, vide judgment dated 16.08.2013. In such circumstance, nothing survives in these writ petitions at this distance of time; and the locus standi of the petitioners is also found against against them, following the Division Bench judgment.

Writ petitions would stand dismissed. No costs. Sd/- K.Vinod Chandran Judge.

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