IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 19392 of 2009(S) -------------------------- PETITIONER: ABDUL RAHIMAN, S/O.ABDULLA, HAJIYARAKATH HOUSE, LIGHT HOUSE ROAD, PONNANI NAGARAM (PO), PONNANI. BY ADV. SRI.SAJU.S.A SRI.JAMSHEED HAFIZ RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR. 4. THE CIRCLE INSPECTOR OF POLICE, PONNANI. 5. THE SUB INSPECTOR OF POLICE, PONNANI 6. HAKEEM, S/O.BAVA, VALAPPILAKAM, THEYON PARAMBA, BARLIKULAM, PONNANI. 7. BAVA, S/O.KUNJI MOIDU, BAVA GAS AGENCIES KUNDU KADAVU JUNCTION, EDAPPAL ROAD, PONNANI. * 8. FRANCIS VARKEY, S/O JOSEPH VARKEY, 33/4117, MALAPARAMBU P.O, KOZHIKODE *( IS IMPLEADED AS ADDL. R8 AS PER ORDER DT.28.7.09 IN I.A.9360/09 IN WPC19392/09) BY ADV. SRI.BABU S. NAIR FOR ADDL.R8 SENIOR GOVT.PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C)NO. 19392 OF 2009 --------------------------------------------- Dated this the 17th day of August, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: a) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 5 to dispose of Exts.P3 to P7 according to law. b) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 5 to take immediate steps to thwart the illegal trade of unauthorised supply of gas cylinders in the locality. c) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 5 to charge respondents 6 and 7 and to seize and seal all the shops involved in illegal sale and fitting of gas cylinders. 2. The allegation is that respondents 6 and 7 are in the business of illegal sale of gas cylinders for commercial purpose. A counter affidavit has been filed on behalf of the first respondent. In paragraphs 4, 5 and 6 of W.P.(C)NO. 19392/2009 2 the counter affidavit, it is stated thus: “4. On enquiries, the 4th respondent found that respondents 6 and 7 were engaged in alleged illegal trade in gas cylinders earlier but had already stopped that business fearing police action. This was in as much as the police had been conducting raids in the Ponnani and Chaangaramkulam Police Station limits so as to combat the illegal trade in gas cylinders in automotives. In this regard the police had earlier booked certain persons for the conduct of such illegal trade and respondents 6 and 7 being aware of it had on their own stopped such business. 5. Based on Ext.P3, the 4th respondent could not find any material/articles like cylinders/equipments employed for the purpose of facilitating using gas in automotives. In spite of the thorough search being made by the 4th respondent in their shops/premises, nothing to connect them with the illegal trade could be unearthed. In such circumstances, no legal action could be taken against respondents 6 and 7 in the matter and accordingly the 4th respondent did not take any action also. 6. The 2nd respondent has informed the 1st respondent that three crime cases have been registered in respect of the illegal or unauthorised refilling of LPG gas, which cases are as follows: i. Crime No: 306/08 of the Ponnani Police Station registered under Sections 5 and 9(B)(1)(b) of the Explosives Act and under Section 3 of the Essential Commodities Act. W.P.(C)NO. 19392/2009 3 ii. Crime No:87/09 of the Ponnani Police Station registered under Rule 3(1)(a) of the Gas Cylinders Rules, 2004; and 4(1) (a) of the LPG Order, 2000 and under Section 7(1)(a) of the Essential Commodities Act. iii.Crime No: 157/09 of the Changaramkulam Police Station registered under 6,7(1)(e) of the LPG Order 2000 read with Sections 3(1) and 7(1) (a)II of the Essential Commodities Act.” It is also stated in the counter affidavit that the Government have issued directions to the second respondent and others to take necessary action promptly and report on the alleged illegal trade in L.P.G. cylinders. It is also submitted that respondents 2 to 5 would be ever vigilant to detect any illegal trade of L.P.G. cylinders and conduct frequent raids of the premises/shops so as to take action to curb the alleged illegal trade. 3. In view of the steps thus taken by the Government and the police, no further directions are necessary in this Writ Petition. It will be open to the petitioner to bring any such illegal activity to the notice of the second respondent, in which case, there will be a direction to the second respondent to take appropriate action in accordance with law. The second respondent is also directed to take earnest steps against all unauthorised W.P.(C)NO. 19392/2009 4 storing or distribution of L.P.G. cylinders. Copy of the affidavit filed by the additional 8th respondent shall also be forwarded to the second respondent so that the allegation would also be looked into by the second respondent and action, if any required, will be taken in the process. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 19392/2009 5 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.19392/2009 JUDGMENT 17th August, 2009 W.P.(C)NO. 19392/2009 6