OUSEPH MARKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners, two Kerosene card holders and residents of Tiruvalla, vitally interested in advancing a public cause complain that the Government, instead of eradicating a social evil have attempted to perpetuate the same by restoring the status quo ante of the fourth respondent after a suspension order pending enquiry had been implemented. THE petitioners state that the first respondent, State of Kerala, has no jurisdiction to pass the impugned order and even if jurisdiction is conceded, it has been exercised in clear violation of Clause.18 of the Kerosene Control Order.

(2.) IN order to understand and appreciate the contentions of the petitioners, ft is necessary to state briefly the facts as disclosed from the pleadings and records made available to this Court.

(3.) THE report was forwarded to the District Collector. On 21-7-1983 the Collector noted that the licence of the fourth respondent be suspended pending detailed enquiry and issued Ext. P1 proceedings suspending the fourth respondent's licence, under Clause.6 of the Kerosene Control Order, 1948. Ext. P1 reads thus: