IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 30970 of 2010(U) ------------------------------------------- PETITIONER(S): ------------------------- T.R.GOPI, S/O.LATE P.K.RAMAN, PROPRIETOR, T.R.GAS AGENCY, MATTANNUR, KANNUR DIST. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR. 2. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION, MATTANNUR-670 702. 3. THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION, IRITTY-670 703. 4. L.P.G.USERS FORUM MATTANNUR REPRESENTED BY ITS CONVENER DR.G.KUMARAN NAIR, S/O.GOVINDA PILLAI, SEEMAS COLLEGE ROAD, MATTANNUR, KANNUR DIST.-670 702. 5. L.P.G.USERS FORUM IRITTY, REP. BY ITS CONVENOR MOHANDAS.R.K., S/O.KUNHIKANNAN, KETHARAM N.P.ROAD, IRITTY, KANNUR DISTRICT-670 703. 6. INDIAN OIL CORPORATION, REP. BY ITS CHIEF AREA MANAGER, KOZHIKODE. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS R4& R5 BY ADV.SMT.M.R.JAYALATHA R6 BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30970/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPORT IN MATHRUBHOOMI DAILY DTD. 20.9.10. P2:- COPY OF THE REPORT IN DESABHIMANI DAILY DTD. 21.9.10. P3:- COPY OF THE REPRESENTATION DTD. 21.9.10 TO IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.30970 of 2010 ---------------------------------------- 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