LAWS(MAD)-2009-10-382

M MARIAPPAN Vs. MANAGER STANDARD APPLIANEES

Decided On October 07, 2009
M. MARIAPPAN Appellant
V/S
MANAGER, STANDARD APPLIANCES, INDANE DISTRIBUTOR Respondents

JUDGEMENT

(1.) This Writ Appeal is against the order passed by the learned single Judge dated 11.11.2008 in W.P. (MD) No. 2259 of 2008 wherein the writ appellant/writ petitioner has sought for a Writ of Mandamus to direct the second respondent to instruct the first respondent to release the petitioner's gas connection No. 6148 on the strength of the petitioner's representation dated 5.3.2008.

(2.) The appellant herein has LPG connection ever since 1976. His connection was disconnected by the second respondent on the ground that the petitioner is having two LPG connections under the same address. Admittedly, connections are one in the name of the appellant and the other in the name of the appellant's wife.

(3.) The contention of the respondents is that possession of two connections in the same house is illegal and that LPG connection for domestic purpose is highly subsidised, which comes under the purview of the Essential Commodities Act. The respondents contended that as per Clause 3( 1 )(a) of Gas Control Order, 2000 (Regulation of Supply and Distribution), a person can possess only one LPG connection under the same household in view of the high subsidy given on this product by the Government. Further, wife of the appellant got connection on the declaration that she did not possess any other LPG Connection. Such declaration is a false one.