IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 1915 of 2009(C) ------------------------- PETITIONER(S): --------------- K.P.MATHEW S/O. PAILY, AGED 52 YEARS, RESIDING AT KULANGARA HOUSE, EDAKKATTUVAYAL P.O. ERNAKULAM. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.K.V.REJANISH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIATE,THIRUVANANTHAPURAM. 2. UNION OF INDIA,DEPARTMENT OF PETROLEUM & NATURAL GAS REPRESENTED BY ADDITIONAL SOLICITOR GENERAL OF INDIA, HIGH COURT OF KERALA. 3. THE DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD, KOCHI-30. 4. BHARATH PETROLEUM CORPORATION LTD., REPRESENTED BY ITS TERRITORY MANAGER, INDUSTRIAL & COMMERCIAL TERRITORY OFFICE, KOCHI REFINERY MARKETING OFFICE, AMBALAMUGAL, ERNAKULAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 SRI.E.K.NANDAKUMAR FOR R4 SRI.A.K.JAYASANKAR NAMBIAR FOR R4 SRI.K.JOHN MATHAI FOR R4 SRI.P.BENNY THOMAS FOR R4 SRI.ANIL D. NAIR FOR R4 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.1915 of 2009 ================== Dated this the 18th day of February, 2009 J U D G M E N T The petitioner challenges Ext.P2 order, whereby he has been imposed with a fine for unauthorised possession of LPG cylinders. When the residence of the petitioner was inspected it was found that three cylinders and five customer cards were in the possession of the petitioner. Alleging that this is in violation of the Essential Commodities Act, show cause notice was issued to the petitioner, to which, the petitioner submitted an explanation specifically contending that the extra cylinders did not belong to the petitioner, but belong to others in the neighbourhood, whose names were also mentioned, who use to entrust empty cylinders with the petitioner as their houses are away from the road so that it would be easier for exchanging empty cylinders for full cylinders as they have no vehicular access to their houses. They had also entrusted their customer cards with the petitioner for that purpose. However, rejecting that explanation, Ext.P2 order has been passed imposing on the petitioner fine for violation of the provisions of the Essential Commodities Act, and handing over the seized cylinders to Indian Oil Corporation. The petitioner now contends that the owners of the cylinders have given statements in support of the petitioner's case that the empty cylinders belong to them and they had entrusted the same along with consumer cards with the petitioner w.p.c.1915/09 2 for easy exchange of the empty cylinders for filled LPG cylinders as their houses are away from the main road having no access for vehicles. The petitioner points out that although the said explanation has been referred to in Ext.P2, no finding thereon has been entered by the District Collector. He further alleges political influence in the matter to harass the petitioner. 2. A counter affidavit has been filed, in which it is contended that the concerned gas agency has informed the District Collector that no intimation has been given to the gas agency by the persons whose statements are produced for entrustment of gas cylinders to the petitioner. Therefore, the learned Government Pleader would support Ext.P2 order. 3. I have heard both sides. 4. On a reading of Ext.P2 order, it is clear that the petitioner has specifically contended that extra cylinders were entrusted to him by others in the neighbourhood for the purpose of getting refilled cylinders. In respect of the same, absolutely no finding is entered in Ext.P2. In fact Ext.P2 is in a form, in which the reasons are written in handwriting. The only reason mentioned therein is w.p.c.1915/09 3 That does not deal with the contention of the petitioner which has been recorded in the order itself. It is now admitted that the persons who have given Exts.P7 and P8 series of statements had filed statements before the District Collector also. That being so, the District Collector could not have simply passed Ext.P2 order without ascertaining the veracity of the said statements. In the above circumstances, I am satisfied that Ext.P2 is unsustainable. Accordingly, the same is quashed. The District Collector is directed to reconsider the matter after summoning the persons who have submitted Exts.P7 and P8 series and recording their statements, and entering a specific finding giving reasons as to why those statements cannot be accepted. The District Collector shall also ascertain whether the statements of those persons to the effect that their houses are away from the road without proper vehicular access to their house and that is what compelled them to entrust the empty cylinders with the petitioner for exchanging with refilled cylinders. If orders are in favour of the petitioner, the cylinders shall be released forthwith to the respective persons. The District Collector shall also ascertain from the gas agency as to whether empty cylinders belong to the persons who have submitted Exts.P7 and P8 series of statements. Fresh orders shall be passed as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this w.p.c.1915/09 4 judgment after affording an opportunity of being heard to the petitioner as well as the persons who have given Exts.P7 and P8 series of statements. Writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge