PRESIDENT, SUBBALAKSHMI LAKSHMIPATHY FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Educational Agency running several Educational Institutions in Madurai. In this Writ Petition, the petitioner agency sought for a Writ in the nature of Mandamus, directing the third and fourth respondents, viz., the Indian Oil Corporation Limited, represented by its Area Manager (Indane) and the Standard Gas Agencies, Arupukkottai Road, Madurai to forbear from stopping the supply of liquefied petroleum gas (LPG Indane gas) to the petitioner's hostels under the Non Domestic Commercial Exempted Category [NDCE] with customer Nos.18145 and 18146 without reference to the third respondent's letter dated 15.03.2006.

(2.) When the Writ Petition came up for admission on 12.07.2006, this Court directed the learned Additional Solicitor General to take notice for the first respondent and for respondents 2 and 3, the learned counsel was directed to take notice. When the matter came up on 24.01.2007, counter was filed by the fourth respondent, who is the LPG Gas Dealer and on 16.02.2007, while directing the main Writ Petition to be posted for final disposal during the second week of April 2007, this Court granted an order of interim injunction till April, 2007. Subsequently, the matter was adjourned from time to time and the interim order was not extended.

(3.) The fourth respondent, who is a Gas Agency, in his counter-affidavit dated 08.08.2006, informed that they are supplying LPG cylinders to various consumers and they are bound by the instructions issued by the Indian Oil Corporation. The contentions that the petitioner was a charitable company and running various educational institutions. They are not charging fees to the students other than the fee fixed by the Government and they are running four hostels were denied as false.