JOHNY THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE validity and enforceability of the Kerala Petroleum Products Dealers Licencing order, 1981 (hereinafter referred to as the "state Order"), is the crucial question for consideration in these Writ Petitions. The petitions have been filed by dealers of Motor spirit, High Speed Diesel and Liquefied Petroleum Gas. All of them are licensed under different orders issued by the Central Government, under the provisions of the Essential commodities Act, 1955 (for short 'the Act ).

(2.) THE petitioners contend that since they are governed by the provisions of orders issued by the Central Government under S. 3 of the Act, their activities cannot, again, be regulated by the State Government by recourse to the provisions of the State Order. I will refer to W. P. (C)No. 14350/08 as the leading case. W. P. (C) No. 14350/08

(3.) THE first petitioner is an association of Retail Dealers of LPG appointed by the bharat Petroleum Gas. The second petitioner is one of the distributors of LPG. The petitioners refer to the LPG (Regulation of Supply and Distribution) Order, 2000 issued by the Central Government under S. 3 of the Act seeking to regulate the supply and distribution of LPG It seems that the dealers of LPG in the State are licensed under the provisions of the LPG order 1993 or its successor the Liquefied Petroleum Gas (Regulation of supply and Distribution) Order, 2000. The 2000 order is produced along with the Writ petition and marked as Ext. P5. The petitioners referred to the enactment of the Petroleum act, 1934 and the Petroleum and Natural Gas Regulatory Board Act, 2006 (hereinafter referred to as the "board Act') intended to regulate the transportation, storage and sale of petroleum products, including LPG In substance, the stand taken by the petitioners is that the Central Government has issued Orders in 1988, 1993 and 2000, the latest one being the Order issued in 2000, regulating the distribution and supply of LPG The petitioners have submitted themselves to the provisions of the 2000 order, which they do not dispute, is binding on them. They also refer to the Board Act which the Parliament has issued in 2006 to contend that the Central Government has, as recently as, in 2006 enacted a legislation, comprehensively covering all areas dealing with the manufacture, transportation, storage and distribution of petroleum products including LPG These are the provisions, which according to the petitioners, that alone can currently regulate their activities.