IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28244 of 2011(E) ------------------------------- PETITIONER(S): ------------------ T.P.RAJI, W/O V.A. CHELLAPPAN, AGED 56 YEARS, PROPRIETRX, M/S COASTAL GAS SERVICES", GODS OWN BUILDING, VALAPPU, MALIPPURAM P.O, VYPEEN. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------- 1. RURAL SUPERINTENDENT OF POLICE, OFFICE OF THE RURAL, SUPERINTENDENT OF POLICE ALUVA.-683101 2. CIRCLE INSPECTOR OF POLICE, NJARAKKAL CIRCLE, NJARAKKAL PO, VYPEEN.-682513 3. SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL P.O, VYPEEN.-682513 4. I.X.NIXON, MANDALAM PRESIDENT, YOUTH CONGRESS ELAMKUNNAPPUZHA MANDALAM COMMITTEE, PUTHUVYPU P.O, VYPEEN-682503. SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28244 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2:- TRUE PHOTOCOPY OF THE RECEIPT ACCEPTING EXT.P1 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.28244 of 2011 ------------------------------------------------ Dated this the 2nd day of November, 2011 JUDGMENT Abdul Rehim, J Petitioner is the proprietrix of a Gas Agency distributing domestic L.P. Gas of 'Indane'. It is stated that the petitioner is functioning in the area in question since the year 1989 onwards and is conducting distributorship without any blemishes. Grievances voiced is that the 4th respondent, who is claiming as leader of a political party in the local area, is creating trouble to the conduct of the Gas Agency making allegations without any basis, that the petitioner is not adhering to the Rules and Regulations prescribed for distribution of L.P. Gas and also not following priority among the customers with respect to distribution of Gas Cylinders. According to the petitioner, the 4th respondent is raising totally baseless claims and he is only wreaking vengeance against the petitioner, since the petitioner had refused to W. P. C. No.28244 of 2011 -2- yield to his illegal demands for payment of donations. 2. It is stated that the petitioner had submitted Ext.P1 complaint before the 3rd respondent against the illegal actions, harassment and disturbances caused by the 4th respondent. But since no effective steps has been taken by respondents 2 and 3, this Writ Petition is filed. 3. Inspite of service of notice from this Court, the 4th respondent has not chosen to enter appearance or to contest the matter. Learned Government Pleader appearing on behalf of respondents 1 to 3 submitted that there exists some dispute between the petitioner and her customers regarding improper distribution of the Gas cylinders. 4. Considering the facts and circumstances, we are of the opinion that if the petitioner is conducting the Gas Agency in violation of any of the Rules and Regulations or in any manner flouting priority with respect to distribution of cylinders, it is left open to the 4th respondent or any of the customers to bring the same to the notice of appropriate authorities and to seek effective actions. But the 4th W. P. C. No.28244 of 2011 -3- respondent or anybody claiming under them have no manner of right to take law into their own hands and to create any physical obstructions to the petitioner in conducting the distributorship. 5. If the respondents 2 and 3 receive any complaint regarding any incidents of physical obstruction, threat or intimidation or any sort of mischief or harassment, appropriate actions shall be taken to avert such situation and to ensure that the petitioner could conduct distribution of Gas cylinders without any obstruction. 6. The Writ Petition is disposed of with the above direction. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.28244 of 2011 -4-