IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 6585 of 2010(W) ------------------------------------- PETITIONERS: --------------------- 1. P.FELIX, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 2. S.JERRY, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 3. JOSE, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 4. CRISTOFER PEREARA, STEEL COTTAGE, PUTHUKURICHY, TRIVANDRUM DISTRICT. 5. GREGORY VARGHESE, ARTHIYIL PURAYIDOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 6. P.SURESH KUMAR, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 7. BENZEGAR. A, ARATHIYIL PURAYIDOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 8. P.CLEMENT, ARATHIYIL PURAYIDOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 9. L.BABY, THERUVIL THYILAKKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 10. A.BABU, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 11. P.NOLAN, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. W.P.(C). NO.6585/2010-W: 12. E.CRISTAFER, THERUVIL THYILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 13. SHYLA MUTHAYYAN, CHEERAKUZHY, PUTHUKURICHY, TRIVANDRUM DISTRICT. 14. VICTOR, THERUVIL THYVILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. 15. MARIA BAGHYAM, THERUVIL THYVILAKOM, PUTHUKURICHY, TRIVANDRUM DISTRICT. BY ADV. MR.R.SATISH KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KOTTIYAM, KOLLAM. R1 TO R3 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6585 OF 2010 --------------------------------------- Dated this the 12th day of March, 2010. J U D G M E N T The petitioners herein are claiming to be fishermen at Puthukurichy in Trivandrum District having their own Out Board Engine Fishing Boats. They have been allotted with a quota of 425/300 litres of kerosene per month by the Taluk Supply Office, Trivandrum. They are getting the quota of kerosene from the approved dealer in Kazhakoottam. 2. The 7th and 9th petitioners are having two boats and they are allotted with 600 litres of kerosene per month. As regards the 10th and 11th petitioners, they are having three fishing boats each and they are having a monthly quota of 1025 litres for 10th petitioner and 1150 litres for 11th petitioner. These permits have been produced as Exhibit P1. 3. It is the case of the petitioners that they hired a Lorry No.KL-2/R.5916 and transported about 3080 litres of kerosene on 08.02.2010 from Trivandrum to Thangassery for their fishing operations as the kerosene cannot be transported in boats. The W.P.(C) No.6585/2010 2 2nd respondent seized the quota of kerosene and the Lorry on 08.02.2010 at a place called Umayanalloor Junction in Kollam District. The driver of the vehicle was produced before the Judicial First Class Magistrate Court II, Kollam and kerosene was produced before the District Collector, Kollam after registering Crime No.168/2010 under Section 16 of the Kerosene Control Order read with Sections 3 and 7(1)(a) of the Essential Commodities Act. Exhibit P2 is the copy of the F.I.R. 4. The petitioners have filed a claim petition before the District Collector as per Exhibit P3. The main prayer in the writ petition is for a direction to the 2nd respondent District Collector to take a decision on Exhibit P3 within a time frame. There will be a direction to the 2nd respondent District Collector to take a decision on Exhibit P3 on its merits, after notice to the petitioners, within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp