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2011 Supreme(Ker) 876

C.N.RAMACHANDRAN NAIR, P.S.GOPINATHAN
Basheer M. M. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants:P.B Sahasranaman, T.S. Harikumar, K. Jagadeesh, Advocates.
For the Respondents:R1 & R3 - George Mecheril, Govt. Pleader, R2 -A.M. Shaffique, Senior Advocate, E.K. Nandakumar, K. John Mathai, P. Benny Thomas, P. Gopinath, Advocates, R4 - P. Parameswarn Nair, A.S.G. of India.

Judgment :

RAMACHANDRAN NAIR, AG. C.J.

1. The three Oil Marketing Companies (hereinafter called “OMCs”) under the control of the Central Government namely, Indian Oil Corporation, Bharath Petroleum Corporation and Hindustan Petroleum Corporation are engaged in retail marketing of petrol and high speed diesel in Kerala through around 2700 retail outlets. Even after the liberalisation which started two decades back allowing private players in oil exploration, production and marketing, Kerala has relatively an insignificant number of around 70 outlets started by the private operators like Reliance Petroleum, Essar Oil etc. many of which remain closed or are non-operational. The boom in the automobile market and the increased demand for petroleum products has led to opening up of large number of new retain outlets by the OMCs, and the process is continuing. Most of the existing dealers operating retail outlets were appointed during the control regime during which dealers were selected by the Oil Selection Board giving certain preferences to injured in war, war widows, unemployed educated youth, members of the Scheduled Caste and Scheduled Tribe communities etc. Under the present dispen

























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