SITHARA INDANE GAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Since Common issues arise for consideration in these writ petitions, they were heard together and are disposed of by this common judgment. The exhibits referred to hereinbelow shall be as obtaining in W.P.(C) No.12246 of 2012.

(2.) The 1st petitioner in W.P.(C) No.12246 of 2012 is a proprietary concern of petitioner No.2, a distributor of Liquefied Petroleum Gas (for short, 'LPG'). Based on a complaint received by the Director of Civil Supplies from a consumer organization that liquefied petroleum gas supplied under Government subsidy is being diverted for commercial purposes, a special squad under the Taluk Supply Officer, Muvattupuzha conducted surprise inspection at the premises of Sri Rajan Kadathukadavil, the petitioner in W.P(c)No.13104 of 2012 at Vyppin (who will hereinafter be referred to as 'Sri.Rajan', unless otherwise specifically mentioned). In the inspection, 11 numbers of LPG cylinders supplied for commercial purposes were seized, as Sri.Rajan had failed to produce any bill, invoice, or other documents supporting such storage of LPG cylinders with him. Based on the report of the special squad that the cylinders were supplied to Sri.Rajan by the 1st petitioner, the District Collector, issued Ext.P1 notice to the 1st petitioner alleging that it had violated the provisions of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 (for short, 'the Order, 2000') and Sec. 3 of the Essential Commodities Act, 1955 (for short, 'the Act'). Similar notice was issued to Sri.Rajan also.

(3.) The petitioners and Sri.Rajan submitted reply to the notices stating that the cylinders alleged to have been seized for which the violation has been alleged were commercial cylinders not regulated under the Act and there is no violation of Order, 2000 or the Act.