BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23/08/2011
CORAM
THE HONOURABLE MR.JUSTICE VINOD K.SHARMA
W.P.(MD)No.5020 of 2008
W.P.(MD)No.5341 of 2008
&
W.P.(MD)No.5219 of 2008
and
M.P.(MD)No.1 of 2008
W.P.(MD)No.5020 of 2008:
Adaikala Matha College,
Run by Adaikala Matha Educational
Health and Charitable Trust,
Arun Ngar,
Vallam,
Thanjavur-613 403.
Rep. by its Chairman,
Dr.Arunachalam ... Petitioner
vs.
1.The General Manager,
Indian Oil Corporation Limited,
Marketing Division,
Indane Area Office,
No.500, Anna Salai,
Teynampet,
Chennai-600 018.
2.The Senior Area Manager,
Indian Oil Corporation Limited,
(Indane Area Office)
No.2, Race Course Road,
Chokkikulam,
Madurai-625 002.
3.M/s.Sundara Vinayagar Agencies,
Indane Distributors,
No.63, Gandhi Road,
Thanjavur-1. ... Respondents
PRAYER in W.P.(MD)No.5020 of 2008
Writ Petition is filed under Article
226 of the Constitution of India praying to issue a Writ of Mandamus, directing
the respondents to release 20 cylinder per month weighing 14.2 Kgs of LPG Gas
under exempted category, as per the letter of the 2nd respondent, dated
10.03.1998
In W.P.(MD)No.5341 of 2008:
Christhuraj College
Run by Arulmatha Educational
Health and Charitable Trust,
Panjapur,
New E.Pudur,
Thiruchirappalli,
rep. by its Chairman
Dr.A.Arunachalam ... Petitioner
Vs.
1.The General Manager,
Indian Oil Corporation Limited,
Marketing Division,
Indane Area Office,
No.500, Anna Salai,
Teynampet,
Chennai-600 018.
2.The Senior Area Manager,
Indian Oil Corporation Limited,
(Indane Area Office)
No2, Race Course Road,
Chokkikulam,
Madurai-625 002.
3.M/s.Karuppaiah Gas Enterprises,
No.7A/162, Palandar Street,
SRCPLX,
Thiruchirappalli. ... Respondents
PRAYER in WP.(MD)No.5341 of 2008
Writ Petition is filed under Article 226
of the Constitution of India praying to issue a Writ of Mandamus, directing the
respondents to release 30 cylinder per month weighing 14.2 Kgs of LPG Gas under
exempted category, as per the letter of the 2nd respondent, dated 14.02.2003.
In W.P.(MD)No.5219 of 2008:
National Engineering College,
Rep. by its Chairman
K.Ramasamy ... Petitioner
vs.
1.The General Manager,
Indian Oil Corporation Limited,
Marketing Division,
Indane Area Office,
500, Anna Salai,
Chennai-600 018.
2.The Senior Regional Manager,
Indian Oil Corporation,
Madurai.
3.The Area Manager,
Indian Oil Corporation,
Madurai.
4.M/s.Victory Gas Agencies,
Kovilpatti. ... Respondents
PRAYER in WP.(MD)No.5219 of 2008
Writ Petition is filed under Article 226
of the Constitution of India praying to issue a Writ of Mandamus, directing the
respondents to supply 112 Nos. LGP Cylinders of Cooking Gas of 14.2 Kgs under
Domestic Category or such number of cylinders as required by the petitioner to
run three hostels pending disposal of the writ petition.
!For Petitioner
in W.P.5341/2008 ... Mr.A.Thiruvadikumar
& W.P.5020/2008
For Petitioner
in W.P.5219/2008 ... Mr.T.Balaji
for Mr.V.Perumal
^For 1st Respondent
in All WPs. ... No appearance
For 2nd Respondent
in W.P.5020 & 5341/08
For 3rd Respondent
in W.P.5219/2008 ... Mr.K.Muraleedharan
For 2nd Respondent
in W.P.5219/2008 ... No appearance
For 3rd Respondent ... Mr.Subash Babu
in W.P.5341/2008
For 3rd Respondent
in W.P.5020/2008 ... No appearance
For 4th Respondent
in W.P.5219/2008 ... Mr.Veera.Kathiravan
:COMMON ORDER
The petitioners, in all these writ petitions, are colleges, who have
approached this court with a prayer, for issuance of a writ, in nature of
Mandamus, directing the respondents to supply LPG cylinder for cooking purpose,
weighing 14.2 Kgs, under domestic category.
2.The respondents are the State within the meaning of Article 12 of the
Constitution of India, being Government undertaking. The respondents issued
guideline, vide, circular No.20/2003, dated 30th October 2003, for supply of
subsidized LPG for Non-Domestic Exempted Category of Customers.
3.The Circular, reads as under:-
ALL INDANE DISTRIBUTORS,
CHENNAI AREA.
Dear Sirs/Madam,
SUB: Supply of subsidiSed LPG for Non-domestic Exempted Category of Customers.
Consequent on receipt of revised guidelines on exempted supplies, instructions
were earlier issued, vide our circular No.02/2003, dated 06.01.2003, followed by
subsequent circular in the matter.
We have now been informed that, based on various representations received from
State/Central departments and other institutions, Ministry of Petroleum &
National Gas, Government of India, New Delhi conveyed their approval through our
Head Office to continue supply of subsidised packed LPG (14.2 Kg. cylinders) to
all the non-domestic exempted category of customers, as listed below:-
a. Government/Municipal Hospitals for whatever purpose that take.
b. Supplies to all schools and colleges whether for hostels or for mid-day
meal schemes.
c. Canteens attached to Govt. offices (Govt. includes State Govt. and
Local bodies and their installations & Guest Houses etc.,)
d. Messes of Police, BSF, CISF in addition to kitchens & messes of the
Defence establishments.
e. Canteens run of Cooperative basis under Cooperative Societies Act.
f. Laboratories attached to schools, colleges & research institutions.
g. Charitable institutions registered under the societies act.
With the above clearance, all our circulars/instructions issued from 06.01.2003
till date on withdrawal of exempted category supplies stands cancelled.
Therefore, as per the clearance now given by MOP&NG, category of customers
covered under (a) to (g) above can now be supplied subsidised packed LPG (14.2
Kg cylinders) with immediate effect.
Based on the earlier instructions, there may cases where the customers were
converted from 14.2 Kg to 19 Kg supplies. In view of the present clearance by
the Ministry, you may approach all eligible customers and re-convert to supply
of 14.2 Kg cylinders, under due documentation.
This process should be completed on priority and immediate steps should be taken
by the distributors to contact our valued customers personally/telephonically
and also send suitable communication in this regard. This exercise should be
completed latest by 15.05.2003. Subsequently, list of exempted category
customers should be submitted to Area Office by 25.05.2003 through Field
Officer, as per the format enclosed. This list should be updated on monthly
basis and submitted to Area Office through Field Officer and one copy of latest
list should always be available in the distributorship, for verification by the
visiting officials.
Thanking you,
Yours Sincerely,
For INDIAN OIL CORPORATION LTD.,
sd/xxxxxxx
(R.GOPALAKRISHNAN)
CHIEF AREA MANAGER.
4.In pursuance to the circular, all the petitioners are being supplied LPG
cylinder for the hostels under 'Non-Domestic Exempted Category of Customers'.
5.All of a sudden, the respondent No.2 addressed the letter to the
petitioners, calling on them to surrender the equipment, and take refund of
deposit amount, for the reason that the petitioner colleges, were private un-
aided colleges and therefore, not entitled for domestic refills, under the
policy.
6.The impugned letter, in one of the cases, reads as under:-
"To,
Adaikala Matha College,
Vallam,
Thanjavur-613 403.
Dear Sir,
Sub:Release of Non-Domestic Commercial Exempted
Category (NDCE) Gas connection for your
PG Hostel.
***
This has reference to your letter on the above subject. In this
connection, we are pleased to inform you that we are advising our Distributors
to release the following No. of Cylinders and Pressure Regulators (PRs) after
collection the security deposit currently prevailing.
Installed Capacity Monthly Refills Limit(Cyls)/Month
——————
Cylinders PRs 50
10+10 –
Capacity of Cylinders: 14.4 Kgs.
Present Deposit: Rs.900/- per 14.2 Kg. Cylinder & Rs.100/- per Pressure
Regulators.
You may also handover this letter to our distributors mentioned hereunder.
You may kindly contact our distributors and avail of the LPG connection
after observing the formalities as required by them.
Please execute an undertaking to our distributors if not already done.
Your copy of approved lay-out plan is sent herein.
Thanking You and assuring you of our best services always.
Yours faithfully,
For Indian Oil Corporation Limited
sd/-xxxx
For Sr.Area Manager
CC:M/s.Sundar Vinayagar Agencies,
Thanjavur
Your are advised to release a gas connection to the above party after observing
the usual formalities and advise us the SV No. & Date.
Your copy of the lay-out plan is sent herewith.
Please obtain an undertaking from the customer before releasing the connection.
For information please.
CC:Dy. Manager (LPG), Trichy.”
7.All other petitioners have also been issued similar letters.
8.The petitioners challenged the impugned letters on the ground, that the
orders are contrary to the circular, issued by the Indian Oil Corporation,
exempting all the schools and colleges/hostels, without any distinction as to
whether they are Government aided or unaided colleges. Therefore, it is not open
to the respondent No.2, to issue the impugned orders to stop the supply to the
petitioners.
9.It is also the contention of the learned counsel for the petitioners
that the impugned orders on the face of it, are arbitrary and against the policy
of the Indian Oil Corporation. The order further violates the provision of
Article 14 of the Constitution of India, as it discriminate between the hostels
having education in the Government aided institutions and unaided institutions.
10.The writ petitions are opposed by the learned counsel appearing on
behalf of the respondents, on the ground that the respondents have not stopped
the supply of cylinders, but only asked the petitioners to pay commercial rate,
as they do not come under the charitable institutions, as the hostels are not
being run free.
11.The learned counsel for the respondents also contend that the writ
petitions are not maintainable as this court has no jurisdiction to issue a writ
in the nature of mandamus, in absence of legal right being infringed and there
being legal obligation on the respondents, to redress the legal wrong.
12.On consideration, I find force in the contention raised by the learned
counsel for the petitioners.
13.The respondents, being the State, within the meaning of Article 12,
cannot be allowed to act arbitrarily while dealing with citizens.
14.Once, in the circular there is no classification between the Government
aided and unaided colleges, the respondent No.2 has no jurisdiction to issue
instructions, contrary to the circular issued by the Indian Oil Corporation.
15.Though, the circular may not give enforceable legal right, but the
discrimination in implementing the circular gives a right to a party to come to
this court to challenge an order, which on the face of it is, arbitrary and
violative of Article 14 of the Constitution of India.
16.It cannot be said that this court does not have jurisdiction to
entertain and try the present writ petitions, as contended by the learned
counsel for the respondents.
17.In absence of change of circular or the decision by the respondent
No.1, it is not open to the respondent No.2 to take a different view and
discrimination between similarly situated person, i.e., between the schools and
colleges running the hostels, on ground of being aided or unaided.
18.The impugned orders cannot be sustained, merely because respondents
have offered to supply gas at commercial rate, as this offer amounts to
discrimination between same class, as per the classification given in the
circular, which is binding on respondent No.2 being employee of the corporation.
19.Consequently, these writ petitions are allowed, the impugned orders are
set aside, and a writ in the nature of mandamus, is issued, directing the
respondents to treat the petitioners under Exempted Category, as per circular of
the Indian Oil Corporation, No.20/2003, dated 30.04.2003.
20.It is made clear that it shall be open to respondent No.1 to take a
policy decision in accordance with law.
21.Consequently, connected Miscellaneous Petition is closed. No costs.
er