IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21662 of 2009(C) -------------------------- PETITIONER(S): --------------- RAJAMONY, W/O.ARAVINDAKSHAN, RESIDING AT ARAVIND BHAVANAM, KOTTAPPURAM, PARAVUR, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPPLY OFFICER, KOLLAM TALUK, KOLLAM. 3. THE DEPUTY COLLECTOR (GENERAL), KOLLAM. 4. THE DISTRICT COLLECTOR, KOLLAM. 5. ARAVINDAKSHAN, PROPRIETOR, ARAVIND HOTEL, PARAVUR, KOLLAM DISTRICT, RESIDING AT ARAVIND BHAVAN, KOTTAPPURAM, PARAVUR, KOLLAM TALUK, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.21662 of 2009 ---------------------------------------- Dated this the 31st day of July, 2009. JUDGMENT The 6th respondent, the husband of the petitioner, is the proprietor of a hotel by name “Aravind Hotel”, Paravur, Kollam District. According to the petitioner, the 6th respondent is allowed to take LPG cylinders from one Varma Gas Agency, Paravur and the said gas cylinders are being used for domestic purposes. But, since the petitioner has to assist her husband in the business run by him, she may be away from their residence during day time. Accordingly the empty cylinders were kept in the hotel premises for replacement. 2. On 21.8.2008, the 2nd respondent and some officials associated with him conducted a surprise inspection in the said hotel premises and seized two empty LPG cylinders. Though it was explained that the cylinders were used for domestic purposes, but were brought to the hotel premises for W.P.(C).No.21662 of 2009 :: 2 :: the purpose of replacement, the explanation was not accepted. 3. Notice was then sent by the 2nd respondent alleging that the use of the cylinders was in violation of the provisions of LPG Regulation of (Supply and Distribution) Order. The petitioner was asked to show cause why the cylinders should not be confiscated under the Essential Commodities Act. An explanation was submitted by the petitioner. But the cylinders were directed to be confiscated as per Ext.P4. 4. An appeal was preferred against Ext.P4 as Ext.P5 before the 1st respondent. The said appeal has been dismissed, without going into the merits, as per Ext.P6 order. That has been challenged in this writ petition. 5. It is found in Ext.P6 that in spite of notice on more than one occasion, the petitioner had not cared to appear before the appellate authority. W.P.(C).No.21662 of 2009 :: 3 :: 6. I heard learned Government Pleader also. 7. The petitioner's case is that she did not receive any notice on the appeal. She also contends that even if the allegations in Ext.P2 mahazar are accepted in their entirety, no infraction of the provisions of LPG Regulation of (Supply and Distribution) Order would be revealed. It is further contended that as evidenced by Ext.P1, the last date for delivery of filled gas cylinders was 24.6.2009 i.e., four months prior to the inspection by the 2nd respondent, as evidenced by Ext.P2. 8. On an overall appreciation of the facts and circumstances and the contentions of the petitioner, I am of the view that interest of justice requires that Ext.P5 appeal be heard on merits. 9. In these circumstances, Ext.P6 is set aside and the 1st respondent is directed to hear the petitioner or her authorised representative on Ext.P5 W.P.(C).No.21662 of 2009 :: 4 :: appeal and pass fresh orders, within two months from the date of receipt of a copy of this judgment. In the first instance, the petitioner shall produce a copy of this judgment along with a copy of the writ petition and appear before the Secretary to the Food and Civil Supplies Department on 24.08.2009. The appeal may be heard either on the said date or any other date to which it is posted and shall be disposed of within the time frame already mentioned herein. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge