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2026 Supreme(Online)(Ker) 11446

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
DR. PRIYESH V.R – Appellant
Versus
THE BHARAT PETROLEUM CORPORATION LTD – Respondent
WP(C) NO. 48195 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.MAHESH V RAMAKRISHNAN, SHRI.PRAVEEN K.S., SHRI.ALPHIN VARGHESE
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

The proposed site for a petroleum outlet dealership must strictly comply with the district specifications detailed in the advertisement.

Headnote:The petitioner challenged the rejection of his application for a petroleum dealership based on location discrepancies as per the advertisement requirements under Ext.P1. The Court found that the proposed site did not satisfy the qualifications detailed in the advertisement. The core issue was whether the offered land’s location matched the advertised criteria. The Court ruled against the petitioner as his site was not within the specified district as required by the advertisement, leading to the dismissal of the writ petition.

Table of Content
1. review of dealership application rejection (Para 1 , 2 , 3)
2. adherence to advertisement criteria (Para 4 , 5)
3. final ruling on the writ petition (Para 6)

JUDGMENT

1. The Petitioner has filed this Writ Petition challenging Ext.P5 Communication issued by the Respondent/Oil Marketing Company by which his application for dealership of a Petroleum Retail Outlet was rejected for the reason that the land offered is situated in Kannur District, whereas the advertised location is in Kasargod District.

2. The contention of the learned Counsel for the Petitioner is that, as per Ext.P1 Advertisement, the area advertised is “Vellur to Pilicode on NH66”. The area Vellur comes within Kannur District, and hence the land offered by the Petitioner is coming within the stretch “Vellur to Pilicode on NH66” which satisfies the locational requirements as per Ext.P1 Advertisement.

3. On the other hand, the learned Counsel for the Respondent/Oil Marketing Company contended that in Ext.P2 Application itself, it is clear that the land offered is in Kannur, whereas the location advertised as per Ext.P1 Advertisement is in Kasargod District.

4. I have considered the rival contentions.

5. When the Advertisement is having several qualifications for the location, the proposed site shall satisfy all the qualifications mentioned in the Advertisement. It is specifically provided in Ext.P1 Advertisement that the location should be within “Vellur to Pilicode on NH66” and further that it should be within Kasargod District. It would mean that “Vellur to Pilicode on NH66” which comes within the Kasargod District is the advertised stretch and not “Vellur to Pilicode on NH66” which comes within the Kannur District.

6. The site proposed by the Petitioner does not satisfy the qualifications in Ext.P1 Advertisement. The Writ Petition fails and is accordingly dismissed.

Sd/-

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