ROSY ARAKKAL Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner Sri. Basil Attipetty, learned counsel appearing for the Indian Oil Corporation as well as the learned Government Pleader.

(2.) These two writ petitions raise the question of safety to the public and households on the use and supply of LPG cylinders. Suo motu proceedings were initiated on anonymous complaint which was received in the Court wherein reference was made to various accidents involving blast of LPG cylinders. The said public interest litigation was initiated, although an issue was noted in view of the judgment of the Apex Court in Divine Retreat Centre v. Sate of Kerala and Others, 2008 (1) KHC 1047 : 2008 (3) SCC 542 : 2008 (1) KLD 437 : 2008 (3) SCALE 532 : ILR 2008 (2) Ker. 163 : 2008 (1) KLT 1042 : 2008 (2) KLJ 105 : AIR 2008 SC 1614 : 2008 CriLJ 1891 : 2008 (2) SCC (Cri) 9 : 2008 (2) Guj LH 105 It has been held by the Apex Court that public interest litigation should not be initiated on the basis of anonymous complaints. The said issue has now become not much relevant, in view of the other writ petition i.e.; WP (C) No. 1239/2012 preferred by the named petitioner, where following reliefs have been sought for:

(3.) In WP (C) No. 18739/2012, the IOC has filed a statement on behalf of respondents 4 & 5, where several issues relating to safety of LPG cylinders and safety measures taken by the company have been detailed. The 6th respondent (Bharath Petroleum Corporation Limited) has also filed a counter - affidavit explaining the steps and measures taken by the Corporation for safety. In the counter - affidavit, details of the safety measures which are taken while supplying the LPG cylinders for its retail customers are described in paragraph 3. Measures and steps which are to be taken during the uploading have also been detailed. It is for the Oil Marketing Companies to take necessary steps in this regard; having undertaken supply of LPG to the household consumers / commercial consumers and others concerned. In view of the detailed statements which have been brought on record on behalf of the Bharat Petroleum Corporation Ltd., Hindustan Petroleum Corporation and Indian Oil Corporation, we see no reason to issue any further direction, except that all the measures as referred therein have to be implemented in letter and Exhibit.