IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30970 of 2010(U)
1. T.R.GOPI, S/O.LATE P.K.RAMAN,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. L.P.G.USERS FORUM MATTANNUR
5. L.P.G.USERS FORUM IRITTY,
6. INDIAN OIL CORPORATION,
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :SRI.E.K.NANDAKUMAR
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/11/2010
O R D E R
K.M.JOSEPH & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.C.No.30970 of 2010
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Dated this the 23rd day of November 2010
J U D G M E N T
K.M.JOSEPH,J
The petitioner has approached this Court seeking the
following reliefs:
i) To declare that the petitioner is entitled to
conduct his LPG distributorship without any
obstruction or hindrance from anybody including
the Respondents 4 and 5 and their members;
ii) To issue a writ of Mandamus or any other
writ, direction or order directing Respondents 1
to 3 to provide adequate police protection to the
petitioner, his men and his establishment in the
event of any situation or unlawful activities
committed by the Respondents 4 and 5 and their
men, in the process of supplying LPG Cylinders
to consumers;
2. Briefly put, the case of the petitioner is as follows:
3. The petitioner is an authorised distributor of LPG
under the Indian Oil Corporation Ltd. and his office and godown
are situated at Mattannur in Kannur District. The petitioner
belongs to Scheduled Caste. It is his further case that a very
W.P.C.No.30970 of 2010 2
large area of Kannur district, mostly remote villages falls under
the service area of the petitioner’s distributorship. About 38000
connections have been given from the petitioner’s agency. It is
stated that due to shortage of supply, there will be some delay in
supplying filled cylinders to consumers. But without
understanding the helplessness of the petitioner, the consumers
under the leadership of respondents 4 and 5 are creating
problems in distributing the cylinders by obstructing the
petitioner’s vehicles, harassing his employees and forcefully
taking away cylinders meant for distribution. It is also his case
that even though a distributorship of I.O.C is sanctioned at Iritty
within the area now served by the petitioner, so far the
distributorship has not started functioning and it is expected that
when the distributorship starts functioning the consumers’
complaints will be solved to some extent.
4. We have already passed an interim order in the
matter. We dispose of the writ petition directing that in case the
petitioner complains of any obstruction by the members of
respondents 4 and 5 to the distribution of L.P.G filled cylinders
in accordance with law before respondents 2 and 3, they will
W.P.C.No.30970 of 2010 3
look into it and if the complaint is found to be genuine, they shall
provide protection to the distribution of L.P.G filled cylinders by
the petitioner in accordance with law, as against obstruction by
members of respondents 4 and 5. We further make it clear that
this judgment will not stand in the way of the members of
respondents 4 and 5 lodging any complaint against the petitioner
before the 6th respondent or the 6th respondent from looking into
the same and taking any action as it is advised to take in the
circumstances in accordance with law.
(K.M.JOSEPH, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.30970 of 2010 4
W.P.C.No.30970 of 2010 5
K.M.JOSEPH & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
30/082010