IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34392 of 2010(Y) ---------------------------------------- PETITIONER(S): ---------------------- A.T. VENUGOPAL, PROPRIETOR, SUPER GAS AGENCIES, 50/174-A, PONEVAZHI ROAD, EDAPPALLY, KOZHI-682 024. BY ADV. SRI.GOPAKUMAR R.THALIYAL, SRI.P.R.PRATEESH. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. 3. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM, KOCHI-682 031. 4. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KOCHI-682 021. 5. THE CIRCLE INSPECTOR OF POLICE, HILL PALACE, TRIPUNITHURA. 6. THE SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR, ERNAKULAM, PIN-682 307. WP(C).No. 34392 of 2010(Y) 7. INDIAN OIL CORPORATION LIMITED, KERALA STATE OFFICE, PANAMPILLY NAGAR, ERNAKULAM, KOCHI-682 036, REPRESENTED BY ITS CHIEF LPG MANAGER 8. CHIEF PLANT MANAGER, INDANE BOTTLING PLANT, INDIAN OIL CORPORATION LIMITED, NADAKKAVU (P.O.), UDAYAMPEROOR, ERNAKULAM, PIN-682 307. 9. THE SECRETARY, KERALA STATE LPG & TANK TRUCK WORKERS UNION (CITU), REG. NUMBER. 07-21/88, UDAYAMPEROOR.P.O., NADAKKAVU, ERNAKULAM, PIN-682 307. R1 TO R6 BY GOVT. PLEADER MR.T.K. VIPINDAS. R7 BY ADV. MR.E.K. NANDAKUMAR, SC, IOC. R9 BY ADV. SRI.SHAIJAN C.GEORGE, SRI.JOHN VIPIN, SMT.S.REKHA KUMARI, SRI.ABHISHEK KURIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34392 of 2010(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 29/03/2005. EXT.P2: COPY OF THE WORK ORDER DATED 16/06/2009. EXT.P3: COPY OF THE RELEVANT PAGE OF THE TENDER CONDITIONS. EXT.P4: COPY OF THE LETTER DATED 24/03/2010. EXT.P5: COPIES OF THE NEWS PAPERS REPORTS DATED 23/04/2009, 26/08/2009, 28/08/2009, 29/08/2009, 25/10/2009, 14/01/2010, 03/03/2010 AND 04/03/2010. EXT.P6: COPIES OF THE COMMUNICATIONS DATED 17/08/2009, 21/08/2009, 26/08/2009, 25/02/2010 AND 01/11/2010. EXT.P7: COPY OF THE LETTER ISSUED BY THE 9TH RESPONDENT DATED 05/11/2010. EXT.P8: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 09/11/2010. EXT.P9: COPY OF THE LETTER DATED 10/11/2010. EXT.P10: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 11/09/2010. EXT.P11: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 11/09/2010. EXT.P12: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 11/09/2010. EXT.P13: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 11/09/2010. EXT.P14: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT DATED 11/09/2010. EXT.P15: COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT WP(C) NO. 1083/2010 DATED 13/01/2010. EXT.P16: COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT WP(C) NO. 6428/2010 DATED 01/03/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO.34392 OF 2010 ============================ Dated this the 19th day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following:- “To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 and 8 to afford adequate and effective police protection against the illegal acts of the 9th respondent and his men, and for the entry and priority in loading/unloading of the petitioner's truck bearing registration No.KL7/BN 698 in the Indane Bottling Plant, Indian Oil Corporation Limited at Udayamperoor”. 2. The case of the petitioner in brief is as follows. The petitioner is the proprietor of Super Gas Agencies, an LPG Distributor of Indian Oil Corporation. Petitioner's agency is one of the best distribution accredited with ` star' category by Indian Wpc 34292/2010 2 Oil Corporation Limited. It is a recognition based on selection of dedicated, loyal and committed distributors who deliver bench marked services on safety, reliability and convenience to customers. Petitioner has his own vehicles. Ext.P2 is a work order issued on 16.6.2009. As per the tender conditions, the star category distributor's trucks have preference for loading/unloading at the plant. Ext.P3 is the copy of tender conditions. Petitioner's agency has the right of priority in the loading/unloading of commercial cylinders at the plant. Petitioner is using new vehicle bearing registration No.KL- 7/BN 698 now. It has got larger capacity. It is stated that truck drivers affiliated to the CITU objected to the priority right of the petitioner's truck and obstructed the entry of the vehicle to the filling/bottling plant. Ext.P5 is a report of the various dailies evidencing the same. Ext.P7 is a copy of the letter given by 9th respondent intimating that they have decided to stop the no turn priority facility. The petitioner filed Ext.P8 complaint. Ext.P9 is a communication addressed by the Indian Oil Corporation to all transporters. It is relevant for the decision in this case. It reads as follows inter alia, “ As you are aware the 19 KG NDNE sales Wpc 34292/2010 3 market is fiercely competitive. Any irregular and inadequate supply will result in losing the market to competitors. The star distributor's own trucks are given priority loading only for 19 kg cylinders to have control on timely receipt/despatch of these cylinders. It has been observed that your drivers have refused to bring the trucks inside when no turn priority was given to Star distrubutor truck for 19 kg on 9.11.2010 resulting in deferring the decision”. 3. The petitioner filed Exts.P10 to P14 complaints. Exts.P15 and P16 are interim orders passed in certain writ petitions. 4. We have heard the learned counsel for the petitioner, learned counsel on behalf of 9th respondent, learned Government Pleader and also the counsel on behalf of respondents 7 and 8. 5. The learned counsel for the petitioner reiterates his case and submits that 9th respondent cannot obstruct the grant of priority facility as contained in Ext.P9 and the tender conditions are in favour of the petitioner. The counsel for the Wpc 34292/2010 4 9th respondent submits that they will not obstruct the petitioner making use of his vehicle No.KL-7 BN 698 in the matter of according priority as is contemplated in Ext.P9, once in a day. He has a case that under the guise of this priority that is being sought, it is used for also domestic cylinders also. We record the submission of the counsel for 9th respondent. We further direct that in case there is any obstruction which is made by the members of 9th respondent, to the petitioner using vehicle No. KL-7 BN 698 getting the benefit of priority once in a day for loading 19 kg cylinders (commercial) which is brought to the notice of 5th respondent, 5th respondent will look into the matter and if it is found that obstruction is genuine, he shall afford protection to the petitioner as against members of the 9th respondent so that the benefit of Ext.P9 is enjoyed by the petitioner. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk