K. Vinod Chandran, J.

1. The appellant is a retail dealer of petroleum, running a petroleum outlet (Marine) under the 3rd respondent, Hindustan Petroleum Corporation Ltd. The appellant, aggrieved by the action of the Bharath Petroleum Corporation Limited and the Indian Oil Corporation Ltd., respondents 4 and 5 respectively, in notifying establishment of new outlets near to that of the appellant, was before the learned Single Judge. The appellant's contention was that the Oil Marketing Companies (OMCs) in the public sector are regulated by guidelines in the matter of opening of retail petroleum outlets and resorting to action resulting in mushrooming of retail outlets in violation of the guidelines as also without any reference to the market conditions and demand with respect to an area; is arbitrary and illegal and violates the fundamental rights of the appellant to engage in trade and business. The appellant also contended that the matter is covered by the decision of this Court reported in Basheer M.M. and Another v. State of Kerala and Others [2011 (4) KHC 285 (DB)].

2. We have to immediately notice that the decision in Basheer's case (supra) was overturned in Civil