IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 36142 of 2007(C) PETITIONER: K.A.INDIRA,RAVINDRA GAS AGENCY , ANAYADI PO,SOORANADU NORTH, KOLLAM. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) SRI.A.RAJASIMHAN SRI.M.CHANDRA BOSE RESPONDENTS: 1. TAKUK SUPPLY OFFICER,MAVELIKARA. 2. STATE OF KERALA ,REPRESENTED BY THE SECRETARY TO GOVERNMENT CIVIL SUPPLIES DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. N. KUTTIKRISHNAN NAIR, PROPRIETOR, CORAL GAS AGENCIES, MAVELIKKARA – IMPLEADED AS PER ORDER DT. 7-1-2008 IN I.A.NO. 48/08. 4. SIVASAKTHY GAS AGENCY (H.P.GAS DISTRIBUTOR) PUTHIYAKAVU, MAVELIKKARA. 5. INDIAN OIL CORPORATION LTD., (SOUTHERN REGION) INDIAN OIL BHAVAN, COCHIN. ADD. R4 AND R5 ARE IMPLEADED AS PER ORDER DT. 24-6-2008 IN I.A.NO. 7725/2008. BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH. SRI.S.PRASANTH NADUVILEDATH FOR ADL.R3 SRI.P.R.VENKETESH FOR ADDL.R4 SRI.E.K.NANDAKUMAR FOR R5 SRI.A.K.JAYASANKAR NAMBIAR FOR R5 SRI.K.JOHN MATHAI FOR R5 SRI.P.BENNY THOMAS FOR R5 SRI.ANIL D. NAIR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 36142/2007. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF JUDGMENT IN W.P.C.NO. 16987/2007 OF THIS COURT. EXT.P2 ORDER OF DISTRICT COLLECTOR, ALAPPUZHA DT. 5-9-2007. EXT.P3 TRUE COPY OF RECEIPT. EXT.P4 ORDER DT. 9-10-2007. RESPONDENTS' EXHIBITS: ---------------------------------------- EXT.R1(a) ORDER DT. 16-5-2007. EXT.R1(b) LETTER DT. 2-6-2007. EXT.R3(a) ORDER IN W.P.C.NO. 16987/2007 DT 4-6-2007. EXT.R3(b) TRUE COPY OF ORDER. EXT.R4(a) COMMUNICATION DT. 2-6-2007. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36142 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th August, 2008. J U D G M E N T The petitioner is the proprietrix of an L.P Gas Agency. Certain number of gas cylinders being handled by the petitioner's agency were seized by the 1st respondent on suspicion of malpractice in the delivery of gas cylinders, which were entrusted to the additional 4th respondent herein, after seizure by the 1st respondent. The petitioner would allege mala fides on the part of the 1st respondent in doing the same. According to the petitioner, the 1st respondent did the same in order to promote another gas agency, with which the 1st respondent has close connection. The petitioner further submits that rightly, the petitioner has been absolved from any charges in respect of those cylinders. In spite of the same, the cylinders are not being returned by the 1st respondent to the petitioner. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of certiorari or any other writ, direction or order quashing Ext. P4 order as it is illegal; (ii) issue a writ of mandamus or any other writ, direction or order directing the respondents to pay reasonable compensation fixed by this Hon'ble Court to the petitioner. (iii) issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case; and (iv) To issue a writ of mandamus or any other writ, direction or order directing respondents 1 and 2 to release the 102 Gas cylinders to the petitioner.” 2. The 1st respondent has filed a counter affidavit to the effect that all the allegations raised by the petitioner are totally baseless and on suspicion, the gas cylinders were seized by him, but as per the procedure prescribed by the Government of Kerala for such circumstances, the 1st respondent has entrusted the cylinders with the additional 4th respondent who is the nearest gas agency, and it is for the additional 4th respondent to forward the same to the concerned oil W.P.C. No. 36142/2007 -: 2 :- company from whom the petitioner has to take delivery of the same. The additional 4th respondent has filed a counter affidavit in which they admit that 102 gas cylinders have been entrusted to them by the 1st respondent, which are still in their possession waiting to be handed over to the appropriate authority as per the directions. But, so far, they have not been given any directions regarding the same by any authority. The learned standing counsel for the Indian Oil Corporation Ltd., the additional 5th respondent herein, also have no case that they have anything against the petitioner in the matter. Therefore, I assume that none of the parties have any objection in directing the additional 4th respondent to hand over the 102 L.P.G cylinders to the petitioner, which have been entrusted to them by the 1st respondent, which would also redress the grievance of the petitioner. In the above circumstances, the additional 4th respondent is directed to hand over 102 LPG cylinders entrusted to them by the 1st respondent as detailed in their counter affidavit, to the petitioner within two weeks from the date of production of a copy of this judgment before them. Since the gas cylinders themselves are being handed over to the petitioner Ext. P4 order becomes irrelevant and it is declared so. If the petitioner has any claim for refund of any amounts in respect of the above transaction, she can approach the appropriate authorities who shall take such action as is necessary in accordance with law. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ W.P.C. No. 36142/2007 -: 3 :-